The Three Blind Mice

Written by Dan Perkins on January 24, 2022

The three liberal justices sitting on the U.S. Supreme Court made what can only be called a series of massively exaggerated, ignorant, and misinformed statements while hearing oral arguments over President Joe Biden’s vaccinate-or-test mandates.

The oppressive mandates that many consider unconstitutional are being pushed on companies that employ at least 100 people and on healthcare workers. I have had some time to review their questions and statements,

Justices Sonia Sotomayor, Elena Kagan, and Stephen Breyer all made jaw-dropping oral arguments during the session that were rife with incorrect facts and liberal bias.

Leading the pack was Sotomayor, who declared that “Omicron is as deadly as Delta … we have hospitals that are almost at full capacity with people severely ill on ventilators.” That statement is not even close to being accurate, according to experts who are now saying Omicron is a mild form of the virus that replicates in the throat, not the lungs.

“We have over 100,000 children, which we’ve never had before, in serious condition,” Sotomayor contended, “and many on ventilators.” The actual number of children ill and hospitalized from COVID according to the Department of Health and Human Services is 3,342 as of the day of the hearing.

Of even more concern on a constitutional level was Sotomayor’s argument where she stated, “I’m not sure I understand the distinction why the states would have the power” to institute a mandate such as the one being pursued by the Biden administration, “but the federal government wouldn’t.”

“Read the Commerce Clause and the 10th amendment lady,” Republican political consultant Liz Mair stated on Twitter, torching the justice for her ignorance. The 10th amendment clearly states that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The “Wise Latina” went on to head-scratchingly ask why the Occupational Safety and Health Administration is not in a position to determine whether a person who has COVID poses the same danger to fellow workers as a machine emitting sparks.

National Review writer Michael Brendan Dougherty snarked on Twitter, “I love the idea that an Executive branch agency meant to protect worker’s rights is now adopting the argument that workers should be regulated like toxic chemicals.”

Breyer chimed in that the OSHA rule was necessary because “hospitals are full almost to the point of maximum” and that “750 million new cases” were reported in the U.S. yesterday. The glaring problem with that assertion is that the population of the country is approximately 330 million.

Then there are those pesky facts that HHS itself is reporting concerning bed capacities across the nation. Nearly 21 percent of inpatient beds and over 18 percent of ICU beds nationwide were reportedly unoccupied Friday.

During arguments over a vaccine mandate for healthcare workers who are employed at providers that receive funding from Medicare or Medicaid, Kagan declared that workers “have to get vaccinated so that you’re not transmitting the disease that can kill elderly Medicare patients, that can kill sick Medicaid patients. I mean, that seems like a pretty basic infection prevention measure.”

Again, there is a problem with that contention as medical experts are now publicly reporting that fully vaccinated individuals can spread COVID.

Liberal fact-checkers ignored the glaring errors by the three liberal justices but were quick to pounce on an erroneous statement that Justice Neil Gorsuch made. The Nation’s Elie Mystal was Johnny-on-the-spot displaying the quality of in-depth reporting we’ve come to expect from the left, “Gorsuch: ‘the flu kills hundreds of thousands of people every year’ NO IT DOES NOT. STOP GETTING YOUR MEDICAL STATS FROM FOX NEWS.”

It should be noted that Gorsuch most likely misspoke and was referring to hospitalizations, not deaths from the flu. In the 2018-2019 flu season, approximately 380,000 were hospitalized due to the flu. About 28,000 people died from it, according to the CDC.

So-called journalist Aaron Rupar also jumped on Gorsuch for his error, tweeting, “The flu kills about 30,000 Americans each year. I’m kind of surprised Gorsuch would broadcast his ignorance like this. I looked this up with help from Google in about 10 seconds.” Funny how he didn’t use Google to research the statements by the liberal justices.

Withering criticism was everywhere on social media over the statements by Sotomayor and the other justices:

It’s actually terrifying that a Supreme Court justice can be so misinformed. The emperor has no clothes.

Dan Perkins is a published author of 4 novels on nuclear and biological terrorism against the United States and is a current events commentator for over 35+ news blogs. He recently has had commentaries posted on Medium, Conservative Truth, and Newsmax among others. He appears on radio and TV regularly many times a month. Dan’s newest show is “Black and White” This show can be heard on the Blacks and Whites Network at More information on Perkins can be found on his website: