The skirmish is over a new justice. The battle is against the right wing’s imperial judiciary.

“Underlying everything else in this dispute is a single, simple question: Who decides how much protection, and of what kind, American workers need from covid-19?” Breyer wrote. “An agency with expertise in workplace health and safety, acting as Congress and the President authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?”