The new Fort Sumter is probably on the Mississippi River - somewhere within the boundaries of the Fifth or Eighth federal Circuit Courts of Appeals.
Back in October, an age ago, a Scotus decision in Alabama Association of Realtors struck down the rent moratorium rule of the Department of Health & Human Services which relied on the emergency authority of the Surgeon General. The rationale of liberals who supported the ruling was that such a narrow statutory construction would block a future Republican President from making dangerously broad exercises of executive power.
We can now see the danger of the present course. In the midst of a complex pandemic, with a substantial recalcitrant segment of the population = largely on a partisan divide = courts are blocking public health measures on the theory that when doing big things the leaders of the unelected branch say that "Congress must speak clearly". Channeling the Alabama decision, under this anti-democratic banner we have now seen courts block the OSHA test-or vaccinate rule, and now two District Courts - in Louisiana and one in Missouri - have blocked the vaccine mandate for health care workers issued by the Center for Medicare and Medicaid Services (CMS).
The Rule is HERE.
It's been a hell of a week - the Mississippi abortion case, slaughter at a Michigan high school, a masked militia at the Lincoln Memorial, and a heavily armed Congressman and family sending Christmas greetings, asking "Santa, please send ammo".
But it may be that the Courts are the most dangerous branch.
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