I posted yesterday about the Supreme Court's decision in National Federation of Business vs. the Department of Labor/OSHA. Today, let's take a look at the concurring decision written by Justice Gorsuch and joined by Justices Thomas and Alito. It's an interesting document that adds significantly to the reasoning behind the decision. First of all Gorsuch clearly identifies the constitutional rights and powers of the states vs. those of the federal government. It makes for interesting reading:
There is no question that state and local authorities possess considerable power to regulate public health. They enjoy the “general power of governing,” including all sovereign powers envisioned by the Constitution and not specifically vested in the federal government.
