(CNSNews.com) - Justice Stephen Breyer declared during oral arguments Friday in the case of National Federation of Independent Business v. the Occupational Safety and Health Administration that there had been “750 million new cases" of COVID-19 the day before.
In fact, according to the Census Bureau, the total U.S. population as of Jan. 11, 2022 is only 332,425,423.
The NFIB suit against OSHA challenges OSHA’s authority to impose a COVID-19 vaccine mandate on American businesses that have 100 or more employees.
“I mean, my law clerks have been busy beavers on this case,” Breyer said at one point, while questioning Ohio Solicitor General Benjamin Flowers.
“But my question really is, that I'd like to turn this to, is a stay,” Breyer went on to say. “You heard what I asked. I mean, you know, 750 million new cases yesterday or close to that is a lot. I don't mean to be facetious.
“But that--that--that's why I said I would find it, you know, unbelievable that it could be in the public interest to suddenly stop these vaccinations,” said Breyer. “And the only answer that was given was a lot of people will quit.
“Well, OSHA considered that,” Breyer said.
The same day that Breyer said there had been “750 million new cases” of COVID the day before, the Centers for Disease Control and Prevention released its latest “COVID Data Tracker Weekly Review.” This review said that there had been 705,264 new COVID cases reported on Jan. 5, 2022—or two days before.
That is about 0.09 percent of the “750 million new cases” Breyer cited.
“COVID-19 cases continue to increase rapidly across the United States,” the CDC said in its weekly review. “This surge is driven by the Omicron variant, which CDC’s Nowcast model projects may account for approximately 95% of cases. On January 5, 705,264 new cases were reported, more than doubling the January 2021 peak.”
Here is a transcript of the part of Breyer’s exchange with Ohio Solicitor General Flowers where he said there were “750 million new cases yesterday:”
Justice Stephen Breyer: “What this says, what I--I mean, my law clerks have been busy beavers on this case, I promise you, and what they have on this issue is that there are exceptions here. There aren't exceptions business by business, but there are exceptions, those who work from home, alone, or substantially outdoors, or those who can show that their conditions, practices, means, methods, operations, or processes make their workplaces as safe and healthful as the ETA--as the ETS can obtain a variance, okay? So they did make some distinctions.
“Not industry by industry, but my question really is, that I'd like to turn this to, is a stay. You heard what I asked. I mean, you know, 750 million new cases yesterday or close to that is a lot. I don't mean to be facetious. But that --that -- that's why I said I would find it, you know, unbelievable that it could be in the public interest to suddenly stop these vaccinations. And the only answer that was given was a lot of people will quit. Well, OSHA considered that.