Joe Biden’s tyrannical vaccine mandate for private sector employers bites the dust – but the Left wing of the court reminds Americans that we were one presidency away from complete administrative tyranny in this country.
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This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Joe Biden, tyrannical vaccine mandate for private sector employs bites the dust, but the left wing of the cor.
Reminds Americans that we were one presidency away from complete
Fraid of journey in this country. I bench paralyses the bench Barroso,
spiritual sponsor my expressive, gps for peace of mind whenever you go online visit Express GPS, dot com, Slash Ben we'll get to all the news in just one moment. First, you should know that when you spend money with many
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Already so today is a massive day for us here at the daily, where we are so
proud that we a daily wire, fought this thing from the very start we fall
from day one we said we are not going to comply and we didn't enemy
hundreds of thousands of dollars to fight the same court. We were the first company in America to file a federal lawsuit against by
ministration literally in minutes,
promulgating. The regulation, legally, we went to court in the sixth circuit court
We could not have done that without those of you who are members and who have helped make this happen for us, please. If your
remember considered joining up today and helping us fight, because that's what we do here at daily wire handed over to daily wired dot com, slash subscribe for today, only promo code, winning it gets you forty percent off an entire years. Memberships he can support, is all your long of amazing content, but you're, really
the clause morn. Anything else daily, wired outcome, Slash, subscribe, use, promo code, winning because we keep on winning to get forty percent off that annual membership. The Supreme Court ruled six three yesterday at Joe Biden vaccine mandate,
OSHA, was wildly unconstitutional because
it turns out. It is wildly unconstitutional.
is a violation of the separation of powers,
It is a violation of the enabling act of the of the original body
self Ocean, the occupational safety, health safety and Health administration, and it was being used as a code.
By the executive branch of the government to simply end around the constitutional process of working through legit.
you see here in the United States. Is this thing called the constitution?
the constitution mandates if you're going to evacuate a major policy.
you need to go through this thing called the legislature. The legislature is in its turn, comprised of to set
bodies, the House of Representatives which is apportioned according to population
and the Senate of the United States in which each state yet two centres,
I know this is really basic stuff, but apparently people unless need to hear this. The new republic today, the new republic- I could not even get
they tweeted out. Today, the New republic, which is supposed to be a sophisticated liberal magazine, quote the real
Supreme Court ruling appears to be this the binding
illustration can only try solutions to new problems if it really
them three gerrymandered house, any filibuster, friendly Senate. First, oh you mean
You can only do things that you don't have the authority to do if you are given that off
wordy by the Congress of the United States, who could have suspected such a thing, except for everyone who has ever had the constitution
of the United States. It is unbelievable. I saw the Supreme Court ruled
six, three in favour of getting rid of Joe Biden backs mandate and language.
Pretty strong and wouldn't go through it, and as we do, I want you to remember.
There are three justices on the other side, Briar Kagan so today or in those
justice is, on the other side, rule that be occupied,
we'll safety and health administration with no actual statutory authority could force one
hundred million Americans to vaccinate because
they had jobs. That is what the left of the quartet
an obscure agency. But generally
You have no interfaced with
secure agency granted power by an act in the seventies. Suddenly
the authority to decide whether you had to vaccinate whether or not
natural immunity or alleged subjection or some sort of eggs
still condition that prevented you from getting the vaccine safely
the? U S, vaccinate or lose your job. Three justice is uncertain courts and that was totally thought and if, if
Glinda been elected in two thousand. Sixteen that would have been five or six justices
on Supreme Court of the United States is remember, president from got three Peck's all three.
Voted the right way in this particular case, our Asia
The court ruled yesterday the Secretary of Labour, acting through the
Patient safety and health administration recently enacted a vaccine mandate for much of the nation's workforce. The mandate which employers must enforce
pleased. Roughly. Eighty four million workers coming
we all employers, with at least a hundred employees, requires that government workers receive
covered nineteen vaccine, it prevents contrary state laws yo
exception is for workers to obtain a medical tests each week at their own expense.
and on their own time, and also, where a mask each workday ocean,
as never before, impose such a mandate, nor has Congress. Indeed,
Although Congress has enacted significant legislation addressing the covenant impediments pandemic has declined to enact
measures similar to what OSHA has promulgated here. Many
its businesses and non profit organisations challenged oceans, rule in court of appeals across the country, the fifth circuit. Initially,
or to stay when the cases were consolidated before the sixth circuit court lifted, the stay and allowed oceans rule to take effect.
applicants now seek: emergency relief from this court.
Arguing. Oceans mandate exceeds its statutory authority and its otherwise unlawful. Agreeing that applicants are likely to prevail, we grant their applications and stay. The rule remember there's
the preliminary injunction because the real didn't even go into effect, so the supreme
Ben goes through the history of the occupational safety and health at which was created in nineteen. Seventy
created, OSHA, the Occupational Safety and Health administration, which is part of the Department of Labour.
The supervision of its secretary, as its name suggests,
she is tasked with ensuring occupational safety that is safe and helpful working conditions
it does so by enforcing occupational safety and health standards promulgated by the secretary, such then
This must be reasonably necessary or appropriate to provide
if or helpful employment, it must
so we developed using a rigorous process. That includes noticed, comment and an opportunity for a public hearing. However, there is an exception. Your
You also promulgate emergency temporary standards, such standards
they take immediate effect upon publication in the federal register is only permissible in extremely narrow circumstances.
It's only been used nine times before this emergency authority six of those times
it was challenged and court. Only one of those was upheld in full,
So the Supreme Court goes through the process by which the boy
administration created this OSHA rule and the Supreme Court, then pointing
The applicants are likely to succeed on the merits of their claim that the secretary lacked authority to impose demanding a minute,
innovations he's our creation. Are creatures of statute accordingly possess only
Authority Congress has provided Congress as an ocean can do acts
you cannot do x, Y, India. Osha can only do act and of ocean proclaims. That sea is part of Ex OSHA has exceed
its mandate under its enabling at a secretary
his order, eighty four million Americans to either obtain a covert nineteen vaccine or undergo weekly medical testing at their own expense. This is no
free exercise of federal power. It is instead a significant encroachment into the lives and health of a vast
or of employees, is the Supreme Court, expect Congress
Clearly, when authorizing an agency to exercise powers of vast economic and political significance, there can be little doubt.
that oceans, Mandy qualifies as an exercise in such authority. The question that is
The ECB plainly authorizes the secretaries mandate. It does not. The act in power
the secretary to set workplace safety standards, not broad public health measures noble
of the ACT addresses public health more generally, which falls outside of ocean sphere of expertise. So in other words, it is true that cover nineteen is a threat inside normal.
it is also a threat outside the workplace and everywhere else that human beings congregate, and as this
words about, say just because you
job doesnt mean the court can do do
The ocean can do whatever it wants to you. So, for example,
I could not promulgated rule saying that oh boy
she is a serious problem at the workplace because there are people at the workplace in obesity is a problem. Therefore it is he serious workplace problem, therefore you're not allowed to eat fatty foods at your workplace.
shall be at the ocean regulation.
There's nothing ever allowed that sort of thing. The descent
Since we are imposing limit found no place in the governing statute, not so says the Supreme Court, it is,
text of the agency's organic act repeatedly makes clear
Russia is charged with regulating occupational hazards and safety,
Calvin employees.
The solicitor general does not
that Russia is limited to regulating work. Related dangers instead argues that
who contracting culminating qualifies as such a danger. We cannot agree.
Over nineteen zero that occurs in many workplaces
It is not an occupational hazard and most Coventry
You can and does read at home in schools during sporting events everywhere else. People gather a kind of universal risk is no different from the
the dangers that all face from crime, air pollution or any number.
of communicable diseases permitting
should regulate the hazards of daily life symbol.
because most Americans have jobs and face those same risks. While on the clock, what significance
expand oceans regulatory authority. Without clear congressional authorization, the descendants
Supreme Court contends that oceans mandate is comparable to a fight,
or sanitation regulation imposed by the agency
but a vaccine mandate is strikingly unlike the workplace regulations. That ocean is typically imposed. A vaccination after all, cannot
and at the end of the workday
further to the defence contention imposed.
Maxie mandate on eighty four million Americans in response to a worldwide pandemic is simply not part of what the agency was built for
not to say OSHA lacks authority to regulate occupation, specific risks related to cover nineteen, where the virus
the special danger because of the particular feature
employees, job workplace, targeted regulations are plainly permissible. We don't out, for example, that
it could regulate researchers who work with cover nineteen. Oh, she could
delay risks associated with working in particularly crowded or cramped environment, but the danger present in such workplaces differs in
degree, in kind from the everyday risk of contracting covid that all face men, they point out,
that the Senate of the United States actually voted against green light
exactly this procedure. There is a procedural vote. Those brought up before the Senate in the Senate symbol.
We said we dont like this regulation, which is a pretty good indicator. Congress does not mean to grant this sort of authority to OSHA the spring
it says the equities do not justify withholding interim release or told by the states in the employee
an ocean mandate will force them to incur billions of dollars in unrecoverable compliance costs because honey
of thousands of employees to leave their jobs for its part of it.
Governments, as the mandate, will save over sixty five hundred lives and prevent hundreds of thousands of hospitalization
Report says it is not our role to weigh such tradeoff in our system of government debt
is the responsibility of those chosen by the people through the GMO
a process, although coming
as indisputable given ocean the power to regulate occupational dangers, it is not given
agencies, the power to regulate public health, more broadly required
the vaccination. Eighty four million Americans simply because they have jobs, sort,
falls in the latter category. Is that is the majority Supreme Court opinion six three? Then there is all
I'll be concurrence when the concurrence goes further. This from gorse edge,
Miss Ellida we'll get to that in just one second
make some pretty important points about the legislator.
ranch and why we still need a legislator branch in the United States.
This really was. A clash of massive ideas as to the future of the country is gone. The other way it would. Essentially,
spell the end truly of anything remotely. What because
You shall structure in the United States
essentially we'd be living under full administrative, feared at the behest of the wild West.
Greenwood by justice is on the Supreme Court. Is you go the other way we'll get to that in just one moment? First Tiggle around your house. It feels like
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in this case this Gore such Thomson Alito, they say the central core
can we face today? Is who decides? No one doubts the cup
nineteen pandemic, is pose challenges for every American or that are state local,
national governments all have rules debate,
in combating the disease. The only
She is whether an administrative agency in Washington one try.
With overseen workplace safety may mandate, the vaccination or regular testing of eighty four million people or whether, as twenty seven
before us submit that work belongs you state
local governments across the country and the people's elected
additives in Congress. This court is not a public authority.
Is charged with resolving disputes about which authorised possess
the power to make the laws the governess under the constitution and the law.
Of land and
essentially what they say is state and local governments have extraordinary plenary
Forty when it comes to regulation of health, this is not
the federal government, the federal government.
Ours are not general but limited and divided, say the three concur injustices.
Only must the federal government properly invoke a constitutionally enumerated source of authority to regulate in
area or any other. It must also act consistently with the constitution separation of powers when it comes to that obligation
court has established at least one from rule. We expect Congress to speak clearly
if it wishes to assign to an executive agency decisions a vast economic and political significance.
we sometimes call this the major questions. Doctrine. Oceans mandate, fails their doctrines test. The agency
claims the power to force eighty four million Americans to receive a vaccine or undergo regular testing by any measure. That is, they claim of power to resign
the question of bass and national significance in Congress.
has nowhere clearly assign somewhat powered OSHA.
Ultimately, two years have passed since the pandemic began. Vaccines have been available for more than a year over. That's been Congress
the adopted several major pieces of legislation aimed at combating covered nineteen. It's you,
do that the agency pursued regulatory initiative only as a legislative work around here? What's hilarious about that particular no right there, which is that OSHA created this because they couldn't get it done in the legislature,
is it run clean literally. If we did that Joe Biden Chief of staff, we did that and then that
was cited, as evidenced by the concurrence in this case, saying you guys get
that it violates the constitutional structure. So well done by an mean, just admitted what you were doing and the court caught you
It is oceans, reply it directs us too,
twenty nine USC. U S code, section, six, fifty fives! You want in that statutory subsection says the concurrent Congress
authorized, OSHA to issue emergency regulations upon determining
Employees are exposed to grave danger for exposure to substances or agents determined to be toxic or physically harmful, and that such emerged
These standards are necessary to protect employees from such danger. According
the agency, this provision supplies with almost unlimited discretion, demanding new nation wide rules in response to the pandemic. So long as those rules are reasonably related workplace safety. The core rightly applies. The major
questions doctrine and concludes that this loan statutory
sub, does not clearly authorize mandate. That section was not
did in response to the pandemic, but fifty years ago, at the time of ocean creation. Since then,
OSHA has relied on. It
issue, only comparatively modest rules, addressing danger that uniquely prevalent inside the workplace like asbestos and we're chemicals as the agency,
Self explained to the federal court less than two years ago. The statute does not authorize OSHA. Two issues sweeping health standards that affect workers lies outside the workplace.
That is exactly what they are trying to do right now. The concur
continues. They say. Why does the major questions on the matter and ensures that national governments power to make the laws that govern us remains or article one of the constitution says it belongs with the people's elected representatives
if administrative agencies to regulate the daily lives and liberties of millions of Americans, a doctrine says it must at least be able to trace that power to a clear grants of authority from Congress. And then the court continues say in this respect. You may
questions doctrine is closely related to what is sometimes called the non delegation doctrine. Indeed, for debt,
its courts have cited the nuns allegation doctrine as a reason to apply the major questions doctrine. Essentially, the non delegation doctrine says the legislator branch. The government cannot just say
cannot pass a law since the executive branch do whatever you want
that is, a delegation of powers. It cannot delegate, and so the way
and tell the non delegation doctrine has been violated is if there are major
questions that have been left wildly opened
interpretation of executive branch agencies say the concurrence is,
the non delegation. Doctrine ensures democratic accountability paper by preventing Congress from intentionally delegating its legislative powers to unelected officials. Sometime
Lawmakers may be tempted to delegate power to agencies, reduce the degree to which they will be held accountable if Congress
and of all legislative powers to unelected agency officials. It dash them.
scheme of our constitution, the major question
Opera serves a similar function, a
and so unintentional, oblique or other
unlikely delegations of the legislative power. Sometimes there,
ambiguity, an agency
Take advantage, for example, whichever the doktor.
The point is the same old: serve to prevent government by bureaucracy
wanting government by the people in both their lessons for today's case is the concurrence on the one hand,
Ocean claims the power to issue a nationwide mandate on a major question, a cancerous its authority to do so
We need clear congressional mandate. On the other hand, if the statute
sub section, the agency sites really did indeed, OSHA. With that power, thou would likely constitute an unconstitutional delegation of Legislative Authority.
Under oceans reading aloud afforded almost unlimited discretion- and this is the key point- and this is the key point- that the concurrence is making the legislature selling
just because legislature still exists and ought to exist, oceans,
have this authority of Congress wants to pass a law like this. It access to make the case that one that's going to pass. The law like this,
on a second we'll get to the descent. Because to me the sense in this case are spine. Chilling, Iraq,
we are, they should show your blood aversions out.
Can my yesterday post the decision from the White House. She says
They don't worry. Joe Biden is still going to encourage businesses to implement a document. It here's the thing if
this chooses to implement their backs mandate. That is now on the business, a business,
longer gets to blame Joe Biden or the federal government is also
like a lot of large businesses that were saying we're going to pray
If we do this under the assumption that was going,
green, led by the Supreme Court, you didn't have to you guys, didn't have to
He stood up for your employees. Here is
and Saki Single going to encourage businesses to continue this anyway. The scent the Supreme Court's decision,
The OSHA mandate essentially means that in the pen this pandemic is up to individual employers to determine whether their workplaces will be safe for employees and whether their businesses will be safe for consumers. So President Biden you'll see this in his.
Statement will be calling on and will continue to call on. Dozen says to immediately join is those who have already stepped up, including one third of fortune, one hundred companies institute vaccination requirements to protect their workers, consumers, customers and communities,
ok so beginning herds as much as they want, but that's not what they are attempting to do. There are attempting to destroy businesses that refuse to comply. There were lit.
with running businesses with fourteen days
dollar, fines for every unintentional violation and one hundred and forty thousand dollar fines for every intentional violation, Yoda Bankrupt.
A company inside of a week that was their goal. There was there explicit go here.
It wasn't a shut down the virus, because I can't do that now with it was to control
that's all they care about, and it comes from a deep seated view of the world that is perverse and unamerican we'll get to that in just one. Second. First, let's talk about saving some money on your gun
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Many of the descent is really worth noting here, because we were this close in twenty. Sixteen vis, close
to complete administrative tyranny in this country.
And in this case is not a to make a constitutional argument in our attempt to look at the major questions,
opera or non delegation doctrine. They simply say that if there is a
ugly worded statute and his tossed overtook
credit agencies. Those
This right of agencies should be able to control every aspect of your life without any interference from the court's. You should not be able to do because those people are best placed to actually determine the course of their the
Sports, if we could just toss all governance in United States, the experts
at the administrative agencies and then Sir
court could tell him we're. Not. Experts is up to those experts. Well, what you'd have is administrative yearning and, if not for thee,
justice has appointed by president from that would be
where the government has done from here on out in the United States.
in some areas is already very close it out, but it would have been full scale:
administrative tyranny. Top down. You admit you, you elect your admin,
Fraid of tyrant once every four years, a left wing court,
strikes down the excesses of rowing presidents and
green light. All of the excesses of left in president and legislate
would become what it has been for quite a while,
digital organ of american government. This is what the left want.
Because all you have to do as I emergency and left his is fond of they love emergencies. Emergencies happen all the time. Climate change is an emergency. Racism is an emergency. Poverty is an emergency, oven,
Jane is an emergency. Now, I'm nothing covenant. He wasn't emergency at the beginning. It was but
is an emergency. Now it is not
they're going to maintain forever
urgencies are the way things are done. That's what is at stake in this country, too,
very different views. What government is supposed to do
as amazing. So yesterday, I tweeted out at the daily
here again, we are very proud of standing up on behalf of our employees and em, and
can tell you that there are very happy to be working here today. They signed up for recent worker will very probably
Therefore, employees refused to comply
day: one we soon brought to court. We spend our money to do it,
due to subscribe and join us in the mission, as we are in
were an LLC, which means we are for profit company b, but we are a national company attempting to get things done. As I say, it has probably stood up
boys and some guy named SAM Cedar, whose I guess a left wing Pandit he says, stood up for employees should be read. Ass, quote
defended the right of employers to force its workers back to work without even the protection of
in that those around them tested negative of re deadly virus. But here is the thing number one. We never suggested that our workers could
where mast. Anybody who wants to wear masks the daily. Where is probably welcome to do say, Cameron and ninety five as much as you do, monopolies, you can you mark everyone? We don't care,
what we said that we are not going to force people to take a vaccine against their will in order to retain their job
require exams eater. This makes us discriminatory and that, according to the left, everything that is not compulsory is forbidden. That's the way that this works a government mandates, because the government is good
and anything that the government is not mandate. You are forbidden from doing everything. Not compulsory is forbidden. Isn't it
left thinks there is only one great moral force in the universe, and it is government by the way
love how SAM's
suggests here that one,
trying to do is defending our right to force our workers back to work without the protection of knowing that those around them or to his. No my employs is no any of them. I know all of them and let me tell you something: are employed,
these were crying in the office in National yesterday because they literally thought that they were on the verge of losing their job at the behest of Joe Biden. I know
Many of my employees wanted to get the facts. I know how many my employees have natural immunity. Thames heater doesn't know the name of one of my employees. I could not tell you how tired I am of hearing people
left claim they care about more about the people who salaries I pay and whose livelihoods I ensure than I do. I'm tired it's as hell of this nonsense. Garbage.
in the same way, the West suggests that they ought to come
Well, you're, children's education, Terry Mccall, if out there in Virginia claiming you should have no saying your child's education, you don't know the name of my child. You know a damn thing about my kid
much more about my kid than you do you,
pretending they earn expert on how I should raise my kid is insane and you prefer
the urine expert.
On my relationship with my employees, who again there their bills, are paid because they work here and choose to work here. It's to free country,
mind you're, the great defender of my employees. Why, when you pull
my employees on that really or don't bother you you just
speak for them because you are so wide you're, the expert just
the administrative agencies, you guys are the experts,
which should rule on behalf of all of us free choice, you just be fleshed out.
While it and you should rule mostly because you're so empathetic you care. So much now, you'll have to know when the people that you really have to know what they feel, what they think you'd have been other health status
you don't know how you dont have to know what they would choose, because their choice is relevant, only
choices relevant because you,
Who are the experts. You are the people who
no the most and that's why
their choices on how to vote for a legislature. Are completely irrelevant, that's not matter, legislate,
there should be completely thrown out. The legislator should not matter anymore, it should
a bunch of unelected experts. People likes him seat deciding for everyone how life is to be led. It you mean the people.
We ve been versed in environmental studies. It you see allay deciding for everyone in the
States works a job weather
they need to get a vaccine whether or not there
natural immunity, the ocean,
passed in eighteen. Seventy. This is what the left really thinks and we
This close to that being the reality in the United States viscous like Harrods breast close, and this is why the fight matters, but by the way anybody who suggests that the dissent in the ocean case, for example, is really about the law.
Yeah it isn't it isn't because they would just found some other excuse for wine. Administrative agency could do whatever one's here's thing that the left they don't care, whether its OSHA.
you don't care or theirs fanny main pretty MAC. They don't care
there is held in human services or to the payment of education. They don't care whether it's the Secretary of Labour, the Secretary of the union,
they don't get all the matters. Is that unelected bureaucrats?
To do the things they want because for damage all power all the time, it's just a power game. It's out about your personal freedom,
It is not about your ability to vote, it is not
your ability to choose your own life path. None of that it is about there.
control over you, why well because an emergency and the experts know what's best, they know what surely blown at every step, but they know what's best
as the descent from briar. So to me, or and taken quote everyday cover
and he put his grave dangers to the citizens of this country and particularly to its work,
the disease, has now has by now killed
almost one million Americans in hospitalized, almost four million it spreads by persons.
I was in contact and confined indoor spaces, so causes harm in nearly all workplace environments and in those environments more than any others. Individuals have
little control and therefore little capacity to manage risk really more than any others. What why more than any others, it seems like you, don't have
passing, commander control risk around you and nearly any area of life overnight.
It is, in short, a menace inward settings. The proof is all around us
The diseases onset most Americans have seen their workplaces transformed well. Actually, we,
most places in America. Life transform not just workplaces but says the descent
administrative agency, charged with ensuring health and safety in workplaces, did what Congress commanded it to do. It took action to address common
It means continuing threat in those bases, etc, etc, etc.
And again the basic idea is that OSHA,
the authority, because we think OSHA should have the authority. My favorite part of this opinion is where they say, even if we
they didn't have the authority should let them do it quote. Even if the merits were close question, the court would bear
the air by issuing the state. That is because,
court may not issuing stay unless the balance of harms and the public interest support the action
they do not. The lives and health of the nation's workers are at stake and the majority deprives
Parliament of a measure it needs to keep them safe made. So in other words, we don't care about the constitutional provisions we care about the legislature. It's an emerging,
We think the government should have the power to do it to the government? Has the power to do a period end of story? It's amazing
is eight. This agency standard is informed by a half century of experience and expertise in handling workplace, health and safety issues. The standard has, the
Your political accountability, because oceans responsible to the president and the president is responsible to the american people as it may. That's an amazing statement. Oshea suddenly accountable to the american people by what metric chosen, by whatever we can't fire any of those people. Almost
are unelected an unbearable by the american people. There
to the president. So therefore that's a democratic institute,
not a new one
naturally, a new one, administrative agencies are now democratic, answerable institutions, because the president is elected through held legislature. Their elected more frequently is higher turnover, but
the way that the left is it? No. No! It's between the administrative agencies and the court. Its members are elected by an accountable to no one.
using nowhere in the descent
opinion. Do they actually take stock of the fact that Congress is supply.
to be the deciding body here is a who decides how much protection
What kind of workers american workers need from commenting in agency with expertise acting as com,
and the President's authorized or a court or about Congress Congress. You know the elected body haven't that one,
Then here's that than when I say that this has nothing to do the ocean mandate now.
It has nothing to do with the automatic.
Reason that I say that is because, if you take a look at the knees
A group of three justices voted in favour of upholding the event
moratorium from the CDC. Remember the CDC put forward
Moratorium under President Rob had suggested,
we're not loud to evict people from their houses for particular period of time during the original wave is unconstitutional. With time headway under troubles unconstitutional forget about
President. Administrative agencies were not given the sort of insane power to issue and if the
moratorium by the way
was it was an insane policy to begin with, given the fact we're blowing money into people's pockets at the point of sale.
Trillion dollars and twenty twenty generator
other bills benign rent anyway, there's room court had struck a downright that they too, because it
but there were three justices were in favour of upholding that
sang CDC, could actually force all evictions in the United States to stop.
Briar and Cinema or in Cancun, wrote in that case quote. The CDC has issued an order that, in light of the rise of covert nineteen dealt variant temporarily prohibits sir,
evictions in high transmission counties, drug sober third, today this court, without full breathing.
In blocks. That order, I think, the quarters
to do so, and I do said they say,
the CDC does not lack the power to issue its modified. A moratorium, or probably there
have that power. They say that the statutes
sentence grants the CDC Authority to design measures that are, in the agency's judgment, essential to contain disease outbreaks. So again that that is,
oh crazy, that you get the CDC in order to prevent a separate, gets to prevent all evictions in United States all of them. But this is the whole point. It doesn't matter it doesn't it they don't like
fiction, therefore, evictions are bad and because evictions are bad government gets to do it and of Congress does an authorized administrative agencies to do it that doesn't matter either, because
those Ministry of agencies are super giant experts and the experts get to do whatever they want. So long as the experts on the Supreme Court Green light, it.
That is the view of the left wing of this court, and we were this close to that left wing.
nothing a minority but being majority on this court. That's how close we were.
that's the battle, because that is the battle for the future. In this country, the battle is going
whether there is any answer ability at all. At the federal level, we held the federal government accountable because the Supreme Court, with staff by six
public and appointed. It is that simple
but there would be no way to hold a federal government. Accountable
for this kind of journey, if that court had ruled the other way.
Keep that in mind, because the battle for the future is about that issue who gets to decide you and your government or state government or federal government officials for not even elect
Will you not many layers of unconstitutionality? You have to get a breach in order to get to this idea in the first place. First, you have to say
Congress has the power to do. This Congress is not
the power to do this. Nowhere does Congress have the enumerated power under the constitution of the United States too,
hundreds of millions of Americans vaccinate at
in the numerous powers of the constitution of the United States in article one it is not, then you have say: ok well, even
Congress. Can't do that, maybe they can do it by Congress. Does
ass, a law saying they can do it. They can just say OSHA can do it ever want to. Then you have to assume that Congress is
out to delegate enormous
power. It does not possess to the administrative agencies and then those
minister agencies can use power.
The data possess which they have received from Congress, which doesnt possess those bowers did you ever the hell it wants and yet dizzy,
Firstly, the way the left in this country would love with his country run. When you talk about the corruption of democracy and the destruction of smaller republicanism, when you talk about that
one of the constitution in the destruction of federalism. This is the truth rat. That's a real authoritarian threat. We fought back her daily wire yesterday,
battle is ongoing. Please join us a daily where I come slash subscribe and help us out
fighting their battle in one second, we'll get to the other case that the spring
were ruled on yesterday when the wrong way on this one issue with regard to medical workers,
and in the attachment of Medicare and Medicaid dollars to vaccine mandates will get to that in just one. Second, first, let us talk about the most comfortable underwear on planet earth. I, of course, I'm talking about Tommy John Underwear. They grace this magnificent raw.
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Already. What gets more of the news in just one? Second, first, you, you know yesterday the where was a part of history. The Supreme Court blocked at tyrannical by demonstration backs mandate for private employers, we're a major part of that were the first company and united.
days to file a federal lawsuit against Abiden administration, I'm thrilled
that that the risk that we took paid off an unfriendly. You are a part of that. If you are a member use
become a member today, because these are the kinds of fight that we fight. We fought back this ocean facts mandate. We are part of that,
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we get. If you become member, I mean this is just one month: everything's Ivan relax I'd rather than wanted to this. For a couple of years, I have started a book club
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All the time. Not only will we be reading a new book every month you also exclusive access, my personal notes and analysis and then on the third Thursday of each month.
I will join daily where members online for an in depth, lecture and discussion of each book. You can ask me questions directly this month's book first book
Nineteen. Eighty four by George Orwell, so reading that together this month now hurry up because it's not too late to sign up just had on over to third Thursday booklet darkens makes a great gift for high school in college students as well
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So there
actually to decisions that kinda yesterday from the Supreme Court, one was on the major employers, backed mandate. The other was on the
hospitals around the country is supreme. Court found five to four
with Cavenaugh and Roberts joining left of the court, of course shock that need
The care and Medicare programmes could be attached to vat mandates
Essentially, they argued that Medicare and medical
which were strings attached programmes. May then it wanted,
brings they can attach. Is that everybody has to you before
to get a vaccine and medical facilities. Now this is really stew
bows. He just a matter of policy is really really stupid. The reason is really stupid because we have massive medical shortages.
Right now across the country bill carbon reported yesterday you ve lost forty
thousand staffed hospital beds and last year, sixty five days. Sixteen
thousand in the last thirty and the binding minister.
Is celebrating the Supreme Court, letting them fire, nurses and doctors of already had covered a couple of times
gliding vaccine, that does not reduce our mccrone transmission. That is correct by the way. How bad is this
Apparently, California is now telling covert positive medical workers to stay on the job. Some way this work
if you're not vaccinated, but you all
have covered. You can't work in a hospital, but if your vaccinated have covered head on into work today,
according to Yahoo NEWS day. One way to the emergency room is no one to answer the phone, no one to take out the trash more patients arriving everyday. That's this
playing out at some hospitals across southern California, as the Amoco unfilled surge of cover, nineteen contributes to a crippling shortage of doktor doctors, nurses and other health care workers. State officials are attempting to address. California's staffing shore
through a sweeping policy change that allows asymptomatic healthcare workers who have tested positive, recovered to return to work immediately so yeah
did these vat mandates are there definitely gray policy made? They make perfect perfect sense about the spring.
Basically found in ridiculous fashion that the the enabling
four Medicare and Medicaid somehow can be cobbled together tool.
For the possibility of these Dax management,
crammed down on medical workers across the country as the dissenters, Thomas,
Leto Gorse Ich and bear it point out,
no, not so much,
so the government has not established that either provision of CMS, which is enabling act.
In powers to impose vat mandate, rules care
The administration of Medical and Medicaid are those that serve the practical.
Management, interaction of those programmes
Such rules are necessary to administration if they burn actual discernible. Next to the programmes, practical management,
then the rule has any connections in the management of Medicare Medicaid it mostly
and in general, one at all.
The government largely conceded that these
Attitudes alone do not authorize the omnibus rule. Instead, it fell back on a constellation of step
toy provisions that each concern one of the fifteen types of medical facilities. The role covers several of those
Visions contain language indicating that CMS may regulate those facilities in the interests of health and safety in the government
that language authorizes CMS without any requirements. That's you,
seems necessary, including in mandate given.
Has not made a strong, showing that this agglomeration of statutes authorizes any such rule. To start five of those fifteen facilities,
if extensions, don't authorize. The amendment put health and safety regulations at all these
we can support an argument based on statutory text. They laugh perhaps that
the government only weekly defends them. Then the government identifies eight
the national provisions describing, for example, what makes a hospital a hospital. These define covered facilities,
as those that comply with a variety of conditions etc. The government, similarly invoking saving
laws for health and safety regulations applicable to all inclusive care programmes for the elderly,
has not made a strong, showing is hodgepodge of provisions authorizing nationwide backs mandate.
Resume converse is not hide fundamental details of a regulatory scheme in Bangor ancillary provision to hear the government proposes to find virtually unlimited vaccination power over millions of healthcare workers, in definition of privation a saving clause and a provision regarding long term care facilities, sanitation procedures.
it is a stretch for sure a giant stretch for his by round it,
In short, I he says: we're not gonna help implement this and, in fact, hospitals in Florida,
caught between a bit of a rock and a hard place, because in Florida you're not allowed to discriminate against the Un Vaccinated added state law in the
of Lord. He can't fire somebody for being on vaccinated at the same time.
the federal government has no mandate that they're going to remove Medicare and Medicaid dollars from hospitals if they don't force their employees to get back
here is Rhonda Santa's yesterday in Florida, the medical,
mandate further for the nurses and doctors. This is what they are trying to do is absolutely insane and other states. They fired nurses for not having backs, even though most of them have natural immunity.
So they fire them, but now their short handed. So what are they doing? They are bringing back on the job vaccinated nurses, who are cove, currently covert positive. So if you're on vaccinated naturally immune and uninfected Europe, they fire you, but if you're covert, positive and backs which we know most
the people that are covered, pause and now our backs. They are gone back on the job and it just shows you that CMS mandate is absolutely insane, especially given the ineffectiveness of you know of the shots to actually stop transmission.
Round. The sense, of course, is exactly correct and shame on Cavanaugh Roberts promoting the wrong way on this particular.
ok, meanwhile, Joe by,
The presidency is in a state of full scale collapse. It really is
the worst week I have ever seen a president have maybe it is definitely up their aside from the boy
three in Afghanistan, which was
weeks. Long rolling crisis for the administration and destroyed widens credibility. This week has been brutal, so Joe Biden this week alone receive reports of inflation. At a forty year, high Joe Biden had his vat commanded struck down by the Supreme Court,
Joe Biden is running up against a major bore, a crisis again again,
Joe Biden providing is down at thirty three percent cornucopia. Joe Biden has
I did too swivel away from all of those things by randomly shouting about how all Americans, who, just like his voting
and I are vicious racists and now that
in down even his own parties like you're, acting like a jack ass. Please stop he's out yesterday Joe Biden, whence they help
trying to convince centres on the hill
to get rid of the Philadelphia good luck with that dramatically.
personally. I have no interest in getting rid of the filibuster, there's, no reason they would be interested in getting rid of the filibuster why it filibuster, protects them,
and protect probably have a dozen other democratic senders, because
Democratic senators now get to claim that they are in favour of a bunch of democratic legislative proposals without those four
those ever having to be passed and that's a pretty good space to be in the filibuster
allows mansion and cinema to hide behind the filibuster.
in order to not have to vote on very controversial, provoke proposals in their own home state plus, it turns out that the filibuster has lost
I met a feature of the Senate. It is a good cooling mechanism for the excesses,
of congressional passion is a job
When on down the hill yesterday- and it just went it went horribly, just horribly
it started off before he moaned down with general
The White House and Joe Biden things that we need to make changes to the filibustering at super duper important. Any piece of legislation
that's ever passed, that's hard! That's difficult goes through, which goes through some ups and downs
goes through some challenges that doesn't mean you give up. That's not what leadership is. Leadership is continuing to fight for, what's right, continuing to fight to get.
Thing done that mean. Sometimes it fails. We don't know what will happen next. That means
Sometimes there are or were gaps between when you have got to move forward. We're gonna have to determine what the next
sorry, but in the meantime the president is going to continue to make calls he's. Gonna continue to engage with his colleagues and that's where has focused
on this point in time, yet what he has no power do that, because the President of the United States is not a cent in being is an
man who shouted the cloud and calls everybody who
doesn't like his a vicious bull, Conor Racist, even those key whose serving in the Senate with people like George walls and praising them at the time. Hey so careless,
Joe Biden goes down the hill and randomly he's our jailing by voting. This is not can get the job done. Sir Lyster
legislative bodies continue to change the law, not the hook and vote through gets to count. The vote count evolve, count the vote. It's about election subversion, not just whether or not people get to vote who counts. The vote that this about that's. It makes this so different. Anything else we ve ever done her gowns tat counts about Counter
comes about counts, that's not gonna. Work did not. Gonna work in fact is worth a poorly the yesterday Kirsten Cinema. Well, he was in the ministers Burnham
around two Joe Biden goes descended, drank, amends Kirsten Cinema and romance and that they should do
up on their own political prospects, so that this old man
ass, a boating bill that
she doesn't even like, ok an end so she gets.
on the second floor and she's, like you know what I'm not doing, that I'm not doing that
and you can shove off. Sir. While I continue to support these bills, I will not support separate actions that were sent
underlying disease of division infecting our country. The debate over the Senate Sixty vote threshold shine a light on our broader challenges.
There is no need for me to restate my long standing support for the sixty about threshold to pass legislation.
There's no need for me to restate its role, protecting our country from wild reversals and federal policy. Today,
its Kirsten Cinema, just taking Joe Biden break her back like with Batman in dark night rises.
did that. That is aimed a bad site for Joe Biden Elijah Joe Biden,
How is it you want these meetings and then
ass. He was leaving, he got very, very agitated, because his is
education had run out. I hope we can get the stuff
the honest to God answer is: I dont know if we get this done as law
Is I've a breath of me as law
as am in the White House as long as I'm engaged at all, I'm gonna be fighting to change,
the way these legislatures have movie.
As long as I have a pretty dark so as long as well
over my cabinet.
Joe Mansion, then put out a statement in solidarity with Cinema just now
insult to injury, provide administration quote throughout the last decade or more
and brought my powers and support for protecting the filibuster, including current and former members of the Senate,
Four years ago, sixty one senders, thirty three of whom were Democrats, sent a letter to Senator structure in which Mcconnell warring them of the dangers of eliminating the filibuster bell
presented a united front committed to preserve the ability of members to engage and extended debate when bills are on the floor, while some of them change their position, I have not respect- is a two way street. I respect that they have changed. I would hope that would respect
have not, while many try to ignore this history, they do so without fully understanding the long term institutional, undemocratic damage. This will do to the Senate and our nation, allowing one
to exert complete control in the Senate with only
simple majority. Only poor few wants and fire of political whiplash dysfunction and staring at this nation. Apart this Joe mansions statement, he says, for those
led by partisanship, is impossible. We prove them wrong. Ending the bill
what would be the easy way out. I cannot support such a perilous course for this nation, when elected leaders are sent to Washington to unite our country by putting politics and party aside so Joe Biden
reduced to a snivelling whining shell. Are they snivelling whining man says: that's that's been a very, very, very bad weak for Joe by meddling Democrats are still relying on film
is anything that, because there and Control Centre there is that all of us are wrong. So yesterday there was a majority bill. There's a support for bill. Fifty five members of the Senate supported it. That would oblige
sanctions that there would have reimposed sanctions on companies that did business with the russian
Blind Nord stream to.
The legislation was called the protecting Europe's
Gee Security, Implementation act. It receives a floor vote after Republican
Texas. Under ten crews, who had proposed it
agree totally. Several administration nominations had blocked over the issue, and then he said I Democrats across you.
wait for wait for wait for it to filibuster, so
while their declaring it a racist hallmark of joy
grow their literally using the filibustered who see Joe Biden prone
Nord stream to position absolutely incredible.
presidency is a mess. This party is a mess, and so Joe Biden has been reduced
Just saying random things in hoping something sticks so yesterday he did and address
he talks about, oh make fraud and
he's got. No power is gonna ability,
you anything in this? One is a lame duck one you're into his presidency. It's really amazing.
Now he's just going to let all of his authoritarian id run free. He says you know what I would love. I would love for social media and for the media to stop their misinformation. Nothing like the President of the United States attempting to use the power of the federal government to cudgel the media to place that's good. I thought
rats journalism on trumped in it when buying does it it's good
got vaccinated. Do it personal choice, in fact the saw hospitals, our country and make a special appeal: the social media companies and media outlets, please to misinformation and disinformation that Saunders
has to stop. Please also heat. He always is wearing a mask is a patriotic duty. He doesn't know
I was kind of mask areas.
As I said in the last two years, please,
where a mask
I think his party patriotic duties not that comfortable.
Some pay them, but I think,
Every action I can present to require
people aware mask infernal buildings, aeroplanes and trains, because the internet they cross daylight and
he's been so while we effective sir diminish vehemence,
like we have any omicron cases at all because it because of those measures really great job
I mean in New Jersey, New York, in a place where everybody agrees with you. I have noticed that
everyone's getting infected with autocrat
lost her home. We should vice Biden, he's like there's an amazing statement, so he says cloth masks over against our common then goes further. He says a thing, your
website the kind of thing to get you back from Youtube. If you are a member of the non liberal Party, if you're not a leftist- and you say this
then you treated like Joe Rogan you're, an abomination onto the Lord here's, Michael Austria, home saying something backlog masked that has been perfectly obvious.
Four nigh on two years, but you weren't supposed to say it here is the size was there
we published work back as early as April. Twenty twenty
saying that in fact that this virus is transmitted by an aerosol that kind of perfume like floating in the room,
We needed to have a very high level, a rush toy protection. You need these very ties face fitting mass that also,
our breathable, and what I mean by that is its fit and is filtration, and the way you get fit is like us
God, you can have a leak, but if it's gonna be that tight than you have
a material that allow
The air to move through clause doesn't knew that wait. One now hold up
so he just add one. Second, you need a tight fit which became
Ninety five and ninety five: you need that
but anyone's loosely fit or of eight or of a material like cloth doesn't
and he says we're data of this in with a problem of twenty twenty. If you said this, for a year and a half on the internet were banned, your band, they would throw your facebook for the suit throw your future for this Michael Ostrom consent. He was an adviser.
To Joe Biden. These lines is unbelievable lives. Ok, it's all falling apart for them. The good news is they have waiting in the wings, one of the most talented politicians of this or any other generation Kamel Harris who is just she's,
and inspiring figure, deeply inspiring figure. So common Harris did an interview.
for
It's one of the greater of using all time calmly. Harris is perennially
third greater whose dog ate her homer forever it always
each, has two responses to questions. Laugh hysterically like a lunatic or
you try and soldier her way through them, like Michael Scott being asked to describe the french revolution here is here, is
Well, here is being asked a very simple question and
This answer is an all time great answer right here: six former
Administration officious last week wrote that open letter urging the administration to chain
course to change strategy? Is it up
it is time for us to do what we
have been doing in that time as every day, every
day. It is time for us to agree that there
are things and tools that are available to us too slow
thing down choose. You should most sounded politician of our generation and by the way, every
days, there's a piece in the mainstream media about why she needs to recapitulate her image
one in the washing legs. It's almost every today's think. Why heard her car
team is failing her because the dictator can never fail that it can only be built- maybe just sucks it this that that's one of the great
Selina Kyle be blind. I've ever heard from a politician in real life quote it is time, is a direct. What it is TAT
for us to do what we have been doing and that time is every day.
Ok, I just trying to get a handle on what that means. Today, right now, it's
Time for us to do what we have already been doing and that time
did you ever have already been doing, is every day in the past and present.
In future, all merge. It's like I, it's like a flat circle. What
played again put any money that I need the experience of that level of genius I needed
I needed a require it. This could be our next president of the United States votes because
I needed a black woman for beep
its former admission,
inefficient less. We growth that open letter urging the administration to change
course to change strategy. Is it
it is time for us to do what we
have been doing in that time is every day
day it is time ever agree to agree that there are things and tools that are liable to us just slow. This thing down my fears have is:
it is time for us to do what we have been doing in that time of it is every day
every day is that time, psycho haiku
for a person who has no brain function, its debt is that is fan casting. That is just an drastic. I guess
need. The goal here is that our leadership class should be actively unable.
To form english sentences about cohesion policy. We're almost there guys we just work. A little higher will get their already. We have reached the end of it too.
is show lacquer later today with an additional our content. First, you cannot forget to end your weak.
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Everybody this is Andrew, Craven, hosted the Andrew Craven show. You know some people are depressed because the republic
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Transcript generated on 2022-01-14.