Justices Elena Kagan, Stephen Breyer, and Sonia Sotomayor confirmed during Friday’s oral arguments that they are firmly in favor of President Joe Biden’s private sector vaccine mandate. However, the facts they relied upon to make their case were flat-out wrong.
Kagan began by claiming “the best way” to prevent the spread of COVID-19 is “for people to get vaccinated,” and the “second best way” is to “wear masks.” Neither claim is true. While the vaccines appear to slow the spread of COVID-19 and reduce the chance of death, there is absolutely no evidence that they prevent transmission, especially not against the much more contagious omicron variant.
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