« The Ben Shapiro Show

Ep. 1412 - WINNING: Supreme Court Kills Biden’s Tyrannical Vaxx Mandate

2022-01-14

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 your corporate friends. They are spending their money on a bunch of stuff that you dont, particularly like you vote every single month with the money is spent and the companies and with so, if you are still a customer of rising or agency or t mobile are choosing to support the candidates and issues that they don't know too. So that means or funding indirectly Biden Pelosi. Shimmer leftist agenda there pushing. But here is a solution. Pure talk seat. You're, talking then said: use the exact same towers is the biggest same five g network as one of those companies, but with the peace of mind
are supporting a veteran run business, a business whose employees are right here in the United States, so yes, this is one monthly Billy can be proud of pay and here's the thing be: saving a lot of money when you use pure talk, as opposed to one of the big guys, in fact, your bills volume about half of what your current self bill is because the average family saves over eight hundred dollars a year, so do that go to pure talked outcome, find the planned. That's right for you on the phone right for you or just bring your own then because they lie My listeners enter promo code Ben Shapiro and you will say fifty percent off your very first month that is pure talk, dotcom promo code Ben Shapiro to get started. 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 you're pretty glad Remy cleaned opposite to predict, but it feels like slightly dingy having enough time realising what what is it about it? It's the window coverings right, look them right now and they are looking there dingy. You need to go over to Blinds dotcom right now in twenty twenty two blends dot com is all about. Celebrating you gave to forty percent off wide right now, custom window, Payments are minor home improvement with a major impact, blinds dot com, it easy and affordable, operate one room or tackle your whole house shop. Huge risks, I'm premium, blinds shades, shutters and more all backed by their one. presence: satisfaction guarantee with blinds dot com there, never misleading closer envies. That's why they are the number one online retailer of custom window coverings with over forty thousand five star of use, whether you do it yourself, mentally installation lines. Don comes free. Professor design consultants are always available to help lines that cause us to think their customers, by celebrating you with big savings in twenty twenty two sharply,
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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 those you spending too much money on gas supply chain issues and thanks you Joe Biden, inflationary policies, your gas bills are just control. This is why you should go. Get get upside medicines are making up to twenty five cents for every gallon of gas every time they fill up just download that free get. I too have been the app store or Google play right now used from a good Shapiro get up. This twenty five cents per gallon on your first thought: that's up to fifty cents, cash back, don't pay full price in the company. More get cash back using get upside, just download the upper free use, Promo code Shapiro to get up to fifty cents per gallon cash back on your first, tat, some people who travel out are making as much as two to three hundred bucks a month in cash back. There is no catch. The cash package added directly. To your account in cash. At any time your bank account paper or any gift
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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. like it took us every single day when you start the year wearing Tommy John you're, that much more comfortable, so you can do everything better Tommy, Jean Men's underwear, has breathable lightweight, moisture working fabric with four times the stretch of competing brands. You'll feel this level of comfort layering their luxuriously soft lounger right on top commission lounge. Where is so comfortable and good looking, you can and will be wearing them everywhere with the over seventeen million parasols Tommy John does not, customers. They have fanatics again. I were taught me John stuff. My wife were assigned me. John stuff is just they ve. All sorts of a and ranges from underwear do lounge or is it the all sorts of wonderful comfortable? Stop it's all back by Tommy best peril everywhere. Words free guarantee at twenty percent of the first order right now
Tommy, Johns Outcomes, lifespan, good you Tommy John Dotcom, such men for twenty percent off Tommy, John DOT Tk slash ban at sea site for details this so that I threw away all my other underwear they're just that good economic time, China they ruined it for everything else, Tommy giant icons, lifespan for twenty percent off. 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, loud and county revolution was how we covered that we fight here at the daily, where we need your help to do that, we need your help in order to fight back against
four tyrians journeys left pushes each and every day please had on over to daily wired outcome, Slash subscribe and today because we keep winning probable winning buys you an annual subscription. Forty percent off its for today, only forty percent not because we are into the winning here a daily where Delaware calm, slash, subscribe, use, promo code winning because we're gonna keep on winning get forty percent off your annual subscript today, you are part of the conservative movement that fight I dont over to Jelly word outcome. Slash subscribe again use promo code winning for forty percent off your subscription today, also if a brand new 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 First event is now less than a week away. It takes place next Thursday. Eight p m eastern seven p M central every month. I recommend book is earned in important spot in western civilized culture bodies. Books are not politically well loved by the left, but they are indeed classics. It's all right.
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 two third Thursday book club dot com received the materials you will need to participate in. first members, only discussion on January twentieth and allowed. You still have that new year's resolution to read more this year. This helps you do it had another two third Thursday book dot com get started on your reading goals today grab a copy of nineteen. Eighty four by George Orwell to join us next Thursday January twentieth, eight p, M Eastern seven, p m central. You are listening to the largest fastest growing conservative Pakistan radio show in the nation 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. Turning into the Andrew Craven showed roosters every Friday he's got an exciting evening plan for you to head on daily weren't com at seven p, M Eastern six pm central tuning. I'm bench paralyses the bench of erosion join. This episode. Dont forget to subscribe to the shop, help spread the word about Shapiro shall, by giving us a five star of you, ensuring the show with a friend were available on Apple podcast, Spotify Youtube or wherever you get your pocket, and be sure to check out some of our other daily worshipped
the bureau show is produced by Elliot felt executive Sir Jeremy Boring are super producer is math is clever and our production manager is but why does me associate Sir Bradford Carrington is by Adam silence. Audio is meant by make a coral meta here and make up is by fabulous. Christina production assistant programmes. The bench of Euro Show is a daily wire production, copyright daily. Why or twenty twenty two Everybody this is Andrew, Craven, hosted the Andrew Craven show. You know some people are depressed because the republic is collapsing. The end of days is approaching and moons turned to blood, but on the reclaiming show that's where the fund just get started so come on over the Andrew Clavering Show and laugh your way through the fall of the republic. With me, Andrew Clayton,.
Transcript generated on 2022-01-14.