Justice Brett Kavanaugh, a critical conservative vote, focused on what the Biden administration says is a procedural flaw in the case that the states are bringing against the mandate.
As Kavanaugh noted, its not individual health care facilities that are subject to the regulations that are before justices arguing against the mandate, but rather states.
Kavanaugh said that health care provider organizations overwhelmingly support the mandate.
“Where are the regulated parties complaining about the regulation?” Kavanaugh said in an exchange with Jesus A. Osete, Missouri's deputy attorney general, noting in the OSHA case earlier Friday that private employers that are subject to OSHA’s rules were before the court arguing against the regulation.
“There's a missing element here,” Kavanaugh said.