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disasterrelief@lists.imla.org

mandate arguments

Martha Thompson

Fri, Jan 7, 2022 3:03 PM

Started:
Live Oral Argument Audio (supremecourt.gov)https://www.supremecourt.gov/oral_arguments/live.aspx

MARTHA R THOMPSON
Deputy County Attorney
Cleveland County
PO Box 1210x-apple-data-detectors://0/2
Shelby, North Carolina 28151-1210x-apple-data-detectors://0/2
CELL: 980-295-8946

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Started: Live Oral Argument Audio (supremecourt.gov)<https://www.supremecourt.gov/oral_arguments/live.aspx> MARTHA R THOMPSON Deputy County Attorney Cleveland County PO Box 1210<x-apple-data-detectors://0/2> Shelby, North Carolina 28151-1210<x-apple-data-detectors://0/2> CELL: 980-295-8946 [cid:image002.jpg@01D803AD.D5BA1FC0] PUBLIC RECORDS NOTICE: Please note that emails sent to and from this address are subject to the North Carolina Public Records Act and, subject to certain statutory exceptions, may be disclosed to third parties. CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you.

Martha Thompson

Fri, Jan 7, 2022 5:10 PM

Lots of questions from CJ Roberts, J Thomas, Sodor-Meyer & Kagan. J Alito, Gorsuch, Kavanaugh & & Barrett reserved nearly all questions to Agency attorney at end.

Comments/questions reflected Enforcement-friendly vs no enforcement seeming to fall along known lines of liberal vs conservative justices.
"Major Questions doctrine" and whether OSHA should be one of several agencies vs Congress/States to regulate were heavy questions.

Not surprisingly no one mentioned that the mandate applies in some sense to local govt in ½ of the States and not at all in others. Although early on there was a nod to States that have decided to challenge the mandate.

From: Martha Thompson
Sent: Friday, January 7, 2022 10:04 AM
To: disasterrelief@lists.imla.org
Subject: mandate arguments

Started:
Live Oral Argument Audio (supremecourt.gov)https://www.supremecourt.gov/oral_arguments/live.aspx

MARTHA R THOMPSON
Deputy County Attorney
Cleveland County
PO Box 1210x-apple-data-detectors://0/2
Shelby, North Carolina 28151-1210x-apple-data-detectors://0/2
CELL: 980-295-8946

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Big takeaways from OSHA mandate arguments: (10am - 12:10 pm EST) J Alito asked whether agency would be opposed to brief Administrate Stay for SCOTUS to digest - and no objection. Some or all States with own OSHA have later deadlines anyway. Lots of questions from CJ Roberts, J Thomas, Sodor-Meyer & Kagan. J Alito, Gorsuch, Kavanaugh & & Barrett reserved nearly all questions to Agency attorney at end. Comments/questions reflected Enforcement-friendly vs no enforcement seeming to fall along known lines of liberal vs conservative justices. "Major Questions doctrine" and whether OSHA should be one of several agencies vs Congress/States to regulate were heavy questions. Not surprisingly no one mentioned that the mandate applies in some sense to local govt in ½ of the States and not at all in others. Although early on there was a nod to States that have decided to challenge the mandate. From: Martha Thompson Sent: Friday, January 7, 2022 10:04 AM To: disasterrelief@lists.imla.org Subject: mandate arguments Started: Live Oral Argument Audio (supremecourt.gov)<https://www.supremecourt.gov/oral_arguments/live.aspx> MARTHA R THOMPSON Deputy County Attorney Cleveland County PO Box 1210<x-apple-data-detectors://0/2> Shelby, North Carolina 28151-1210<x-apple-data-detectors://0/2> CELL: 980-295-8946 [cid:image004.jpg@01D803BA.7460F020] PUBLIC RECORDS NOTICE: Please note that emails sent to and from this address are subject to the North Carolina Public Records Act and, subject to certain statutory exceptions, may be disclosed to third parties. CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you.