Share This Episode
Jay Sekulow LIVE! Jay Sekulow Logo

BREAKING: ACLJ Sues Biden Admin Over Employer Mandate on Behalf of Heritage Foundation

Jay Sekulow LIVE! / Jay Sekulow
The Truth Network Radio
November 30, 2021 12:00 pm

BREAKING: ACLJ Sues Biden Admin Over Employer Mandate on Behalf of Heritage Foundation

Jay Sekulow LIVE! / Jay Sekulow

On-Demand Podcasts NEW!

This broadcaster has 463 podcast archives available on-demand.

Broadcaster's Links

Keep up-to-date with this broadcaster on social media and their website.


November 30, 2021 12:00 pm

The ACLJ has just filed a lawsuit against President Biden's vaccine mandate on behalf of the Heritage Foundation. The lawsuit was filed directly with the U.S. Court of Appeals for the D.C. Circuit, challenging the Biden Administration's COVID vaccine mandate for employers, which has been promulgated by the Occupational Safety and Health Administration (OSHA). Jay, Jordan, and the rest of the Sekulow team discuss the ACLJ's newest lawsuit against the Biden Admin. This and more today on Sekulow .

YOU MIGHT ALSO LIKE

Just as his inspiration over the employer of the heritage foundation in human form. Now what I hear from you. Most call one 800-6843 11 as you heard in the open heritage foundation about yesterday after noon. The Americans were flawed. Just as representing the heritage foundation in a lawsuit, a legal challenge against the abiding ministration.

Specifically, the Labor Department and OSHA the Occupational Safety and Health Administration that first said they really have the authority or the means to put in place any kind of mandate for employers to require vaccines of their employees and also keep these records and have people watch people who are vaccinated take tested and so to basically have is about bluebird minutes. It starts with a company or organization like inheritance about it foundation's situation. It's 100 or more employees. It doesn't matter if they're different places they could all be in the copy we are working remotely To come into the office would still apply. Now there's been an injunction against this at the Fifth Circuit.

That injunction has been challenged by the bite administration, but that this is a historic moment for the ACLJake to be representing the heritage foundation in this challenge against the abiding ministration.

It really is, and it's a very narrow and specific challenge and I want to say what were challenge were challenging the constitutionality of the authority of the Occupational Safety and Health Administration to actually enforce this mandate. We think that's an encroachment on federalism grounds of powers allocated to the states. The states can do these kind of things, but the federal government can't OSHA have previously said they can't. They certainly don't of the means to do it. Let's be clear about that. I may then of the financial means and capability to do up a constitutionally, there will be a party to doing a look at this and I want to be clear on this, that were coming this quickly on the constitutional grounds.

I have been vaccinated. I have got my booster shots. I encourage people to talk to their doctors and to do that if the doctor suggested with most doctors are. I did it but I still don't think the federal government, especially the way it set up here has the authority to engage in. So this is not an attack on the devout validity of vaccines, which as I said I'm in favor of. I think it said it helped a lot of people in and save them. Not a lot of lives and it was under the Trump administration that the vaccines were put on passport in an operational work speed, but you can have what's been on the Constitution and that's exactly what is the binding ministration get here they knew they didn't be party to do this by the way they knew that early on but the politics of it made him do it now.

These cases involving consolidated the six circuit Court of Appeal. So what can happen is that the ultimate arbiter of this is the Supreme Court caveat, the Supreme Court yesterday rejected a challenge by healthcare professionals who do not want to take the vaccine and the spring court rejected their child that was just as prior but so is justice a meconium bear and others. These are not these are not easy cases on these individual challenges, but as it relates to the mandate constitutionally long in favor of the vaccine and I think it should be available and you could buy people. It's different when it comes to the federal government mandating something by the lakes to cover authority has the authority to do these kind of things that would be clear but the federal government coming in does not yet be part of an art. This is the petition for review that we could file holy my hands. You can see the ACLJ.org we just posted a new blog up there to see could see the positions fit short because is that the briefings petition either goes, the court just a part of that all real read from the oceans mandate represents a gross abuse of power is a far cry from the delicate exercise permitted very limited situation. The mandate clearly encroaches on the police power of states expressly reserve by the 10th amendment to the Constitution is as my dad was talking about, you know there's a difference figures your public schools. They ordered private schools that shot list for kids things like that local community and state levels that federal that is the challenge here. So again I just to let you know if your story is the ACLJ representing the heritage foundation filing against the bite administration on their employer vaccine mandate I we have filed yesterday afternoon in federal information is up ACLJ.org support our work. Final day of the November matching challenge others giving Tuesday double the impact of your donation at ACLJ.the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom.

Protecting those for their faith. Uncovering corruption in the Washington bureaucracy fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that.

We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 oh $50 gift becomes 100.

This is a critical time for the ACLJ the work we simply would not occur without your generous take part in our matching challenge today make a difference in protecting the constitutional and religious freedoms most important to you and your family.

You forgive today online ACLJ only one.

A society can agree that the most vulnerable invoice.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn. It's called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the industry what Obama care means to discover the many ways your membership is empowering the right question. A free copy of mission life today online ACLJ/secular share this with your friends and family to watch the broadcast or the social media platforms at Facebook, YouTube, periscope rubble should share with your friends and family. This is breaking news just yesterday evening refiled the mixer flaw.

Justice federal court starts in Washington DC. It will be consolidated to the six circuit leaves start where is where the organization is based. So the heritage foundation course headquartered in Washington DC and you'll see it's the heritage foundations versus an assistant secretary of labor for OSHA OSHA.

The secretary of labor, the US Department of Labor up if something occurred to any seal J that argued that this extra something unlike some of the briefs which could be of more more get more more complicated.

This is a pretty good fight success of about four pages that people could check out ACLJ letter today to read that the Federalist arguments that way that they were putting in place here. This is not the proper role of the federal government to come in and mandate. This get the burdens that apply here. There were tears there's issues about keeping medical records which then implies other federal laws potentially and watching people get test in your old office and having to review. That was the test proper there's a whole host of problems with this big.it's why states do these things localities do these things that the federal government. This is great constitutional issue in the constitutional issue here is clear and to be clear but let's talk about what is the occupational safety ministration has a set agenda and a set jurisdiction and what you have happening here.

Is there going outside of their jurisdiction and that federal government cannot put in place a procedure or hearing mandate that does not meet constitutional requirements. Like I said, these are the issues that a reserve for the state so I think we have to be really clear that what were talking about is the states being able. This is the key states. Being able to monitor this on a state-by-state basis, and individuals course make choices. And that's the choices people make and I know what you know what my choice was, but the federal government coming in here, constitutionally, is highly suspect.

We think it's unconstitutional, but a very direct challenge is nothing against vaccines.

Nothing against her.

It's it's a question of federal authority and to have the heritage foundation to your client is that is an honor for the American Center for Law and just say it is near history.

I don't think they've ever entertained a lawsuit until this one and were very appreciative that the heritage foundation and their leadership chose outside that was just I'm I gotta say it will. It really is an honor that they picked us to do this yesterday so you have about their off current President has until tomorrow is which is a friend of ours IK James and as she is departing heritage I and the new President Kevin Roberts who is coming in who's begins tomorrow officially the issue joint statement together about the lawsuit in about you in selecting the mixer flaw justice but also you point out that heritage foundation has maybe they were looking back there their records. They think they found may be an amicus brief are to but they have never been the party in a lawsuit. They've never been that the grouping represented in the lawsuit.

So this is historic. It's also historic decision for them as well but we are certainly honored to be representing one of the foremost sites it since the 1970s conservative organizations in the country and very important role they play Washington DC work with them together were not were just down the street on a lot of policy issues and forms post cases and our attorneys are very involved together, but I this is very unique. So I encourage you to share with your friends and family.

The broadcast I check out the blog ACLJ. Or you could see the petition and give us a call 1-800-684-3110 at 2000 684-3110 how important you believe it is to fight back against this kind of federal mandate because while this one is supposedly six-month mandate was.

He could see all the talk today this the Newberry to do that if you allow the federal government to have this power.

There's kind of no end in sight. And that's that's where the issues here is that they acknowledge that they didn't have the power months ago and they got pressure from Pres. Biden to act even though they acknowledge that they they really didn't have the power to act and then they they put this in place immediately. It was stated by the courts.

They challenge that state so at any time.

This is supposed to go in effect January 4 right after the new year. There there fighting for to still go into effect. So to make sure folks are clear that as well.

1-800-684-3110 if you want to talk to us on here that's 100-684-3110 door to take your calls Harry, I think you're on this issue very important for people to understand that the this the power grab by the federal government.

These bills even when they say we don't have the power to come back a couple months later say what now we do absolutely. So I think your analysis is correct and Jay's analysis is correct as well. The mandate exceeds OSHA's statutory authority and OSHA has already acknowledged that that in and of itself. In my view, constitutes a violation of the Constitution.

In addition, the OSHA mandate exceed the exceeds the federal government's commerce power and encroaches on the state's 10th amendment police power.

I think if you look at the case law going back to 1905 in a number of cases Supreme Court has established early that states have a police power, and that police power is protected from them. Wrote encroachment by the federal government by the 10th amendment, not withstanding this precedent. Notwithstanding the Constitution. OSHA has issued and mandate, pursuant to whom the Pres. Biden. He lacks the authority to force OSHA to issue an unconstitutional mandate of mandate that is unconstitutional.

In my opinion, on its face, and so I think it's very very important for listeners to understand that the ACLJ is acting on behalf of an established organization the heritage foundation and we are fighting back. We are strongly in favor of individual liberty. The rule of law and the Constitution and our active involvement in this particular case establishes that he had the audio to replace Lord for ACLJ. Pray for government leaders and overstepping their powers. Looking at it for a minute. Washington DC said this is to either get support for our ACLJ supporters to understand how big of a deal is to be representing that the heritage foundation in this matter. We told people that we be looking for the right case the right time working to rush the things right organization where we fit ideologically and and and now people are seeing that the fruits of that work today as weak as we talk about it but it's it's it's a big deal. Would organizations like ours come together like this with her terrific partner to have on any issue. Jordan we met like you said we been a partner with them on many different matters, but I think them engaging the lawsuit on the hat on partnering with us shows the gravity and the magnitude of this particular mandate. Jordan, a look I would I would read to you for an incoming President Kevin Roberts.

He just said the heritage foundation is not historically filed lawsuit or been party to federal litigation efforts that we are doing so now. Should make clear to any observer that we view this mandate as deadliest as a deadly serious threat to our individual liberty and the values that make America great in Jordan, I can go a lot of different ways that this are a lot of things about this that concern me but I would really just focusing on answering the question that you ask if the federal government can do this Jordan, what are the limits to what they can do and are there any limits under the Constitution of the United States. I would suggest that this would deal a very serious blow to that and look we been very clear operation work speed was a tremendous success. It's a wonderful thing Jordan, that Americans across the country can avail themselves of the option to vaccinate themselves should they choose to do so during its their choice to do and it's a it's a matter for states to regulate. It's not a matter for the federal government to do and if you can't separate those two arguments and you give the federal government the opportunity to engage in an area where they don't have the authority to do a Jordan you can't answer the question you posed credibly without saying it does great damage to the limits of the federal government can go where the affordable care act that he and they really winning the court and the individual mandate that he was really tax oxidatively with think they do that that would not work so they had to argue there was a tax even though they told people was attached. The court ultimately accepted that. So the idea of the federal government having this kind of power it's it's a get people if they look back in history.

It states and localities that had this kind of power not and that's what the 10th amendment is brought it reserves a lot of power tie states that when you can go to school, state and county set requirements and summative requirements include vaccinations of the question of can get a government to it's a question which government does with federalism United State of the state government habits authority for the federal government simply does not have.

That's really quite a lot of people are asking on on on some of that social media platforms. Are we saying that mandate on any basis is unconstitutional and being honest. No ideas on the federal level. It's different when it state and county. I mean, that's where the police power health and welfare. Common and there may be religious exemptions and so forth.

But you know there are vaccine requirements when your kids go to school and there's a reason that those are constitutional so that's what the federal government mandated that witness during his use of the 10th amendment is so important. What issues we attach to the penalties here are Street so the V for something else and the penalties for noncompliance are extreme penalties. We will I give her a picture because 164 31 intensive questions about the lawsuit help but what impact this is really focusing on lawyer vaccination mandate by the administration so it impacts private employers. Whether it's the corporate world the nonprofit world or an organization like heritage or company that you might work for this is, whether they have to do it not if they decide whether they have to do because the federal government or phase 5] only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to serve the many ways your membership in the ACLJ is powering the right question free copy mission life today online ACLJ/the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom. Protecting those for their faith. Uncovering corruption in the Washington bureaucracy fighting to protect life in the courts and in Congress. ACLJ would not be able to do any of this without your support for that. We are grateful.

Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 $50 gift becomes 100. This is a critical time for the ACLJ. The work we do. Simply would not occur without your generous support in our matching challenge make a difference in protecting the constitutional and religious freedoms most important to you beautiful gift today online ACLJ share this with your family folks and historic announcement today is the ACLJ representing the heritage foundation gives the bite administration we filed in federal court yesterday evening I that's up in ACLJ that RT could see if there we filed in federal court against the bite administration's employer vaccine mandate on the grounds. This violates the Constitution violates the separation of powers, especially when it comes to state power and federal power. In the 10th amendment, which provides broad policing power to the states and your localities and that this is not the federal government's role. We also do what the penalties are here it serious and edit. If you violate these rules you're talking at a maximum, willful violations of a penalty set hundred 36,000 minimum penalties are about $9700. The legislation sets the max penalty of 13,000 for any single serious violations almost $14,000 for a single violation and further penalty of of not more than $13,500 per day per day for failure to abate the violation interesting to build back better the reconciliation bill. This is a sheet that it would increase the penalties by 10 times so willful repeated violations 1.3 million minimum penalty of $97,000. They a violation of hundred and $36,000 a day. That's what to build back better for you incredibly punitive as it stands in her OSHA statute right now as you mentioned 13,000 per violation a little bit more hundred and 36,000 for a maximum of the bill back better act. Jordan it's gone through a lot of different machination.

Some of them were 10 times they the maximum fine than the number that were looking at currently is a maximum fine of $700,000 and Jordan look like we just have to put this plainly if OSHA were to buy it. If bill back better were to pass in OSHA were to take that maximum fine and it would apply to companies across America. He would crush our economy mean that's what were talking about here week. We've been very plain, very candid with our listeners that the that they need to address the pandemic is a real one may have to take a reasoned approach individual should be looking at all the options available to them should be availing themselves of the best choices for them about Jordan, the answer is not crippling the American economy that would actually make this dramatically worse.

And if you're talking about $700,000 fines for a violation of this that would just be absolutely devastating Dallas go. It was in the tell you that well in this Balkans and that they just think it's absolutely so tribute. These these penalties they put in place are draconian and there is a legitimate constitutional issue here. I think everybody that was being honest, would say there's a legitimate constitutional issue here, and then to have the government enforcing eight a provision that they, themselves, and said it is not enforceable and then attaching to it $700,000 fines which will cripple every business. Private employers could decide to do what they want to do to you understand that I hope people understand what were talking about. It is the government about a park it's a like a hospital worker to be vaccinated when they have the authority to save and people to post though I don't like that.

They said that to tell you what the law is not like you not, maybe I do like it to me.

That's what the law is an and and this law does not rest with constitutional authority. That's were talking about here. Yes answer ever tell you that specifically the. The bite administration federal government's attempt to which by the way, even running this. That to me that it's it's it's so ripe for abuse because of the penalties are so high even before us a bill back better doesn't get through it. Still really high penalty semi retired $14,000 per incident and then could be $14,000 a day so that's the initial put that combat up very quickly for a business that has 100 employees, or at an organization with 100 employees are more a suit. The idea here is that again you before you get to the bigger fines that the bill back better is though that this is ultimately this is about saying this is not the role of the federal government. They know it's not the role OSHA asserted a couple months ago they did have this authority.

Then they came back because they pressure from the President to put this in place that's exactly what was a remainder because before starting to do this something you ask yourself so what why they do it. What they did because they thought that political pressure was just too great. Now there's another issue here and that is as we said commerce clause. The separation about the separation federalism that requires on deference to state governments on matters of public health and safety. There are when something would reach the federal level that the magnitude of what has to be is in a whole different situation. As I said Pro Pro vaccine and I got not a doctor and get medical advice bite, but vaccinated, boosted, and everybody makes her own choice, but there are places with those choices for selection, amount, family, and it does can be devastating.

But again, it is not a question of whether the science is this or that is a question whether the federal government has the authority to do this in the federal government doesn't and the state government situation we completely different case you're not seeing that costly mistakes are getting a pretty high compliance him in the number are actually impressive on on the percentage of people getting vaccinated and or other therapeutic center now coming out to come out till that may be available soon so I'm glad the those people that are saying this is all conspiracy minded conservatives that this warp speed which resulted in these three vaccine was under Donald Trump who took the vaccine and has advocated for, so I don't want you to think that this is some kind of you know, conspiracy thing we're talking about a constitutional challenge that we think is significant, but I don't want that to be confused with people's health and welfare. That's a different story when the clarinet. I know people are the object and they're already posting things on you know in comments but were to be very clear. Always Daisy LJ. What a position to traditional science is that the current has occurs. Employees is just not doctors to seriously consider that's there. There was a use attitude to get vaccinated and they were appreciative present Trump. They were one of the groups there were trying to cut through the media, which tried to forget it was and they were mocking present Trump remembered and the trumpet initiation for say we get this done within a year and get this into people's arms and operation warp speed.

Heritage foundation actions that take on the lead on that tried to remind people why we got to the point we got to with the vaccine is because the media tried to the left tried to forget because they look pretty ridiculous and foolish because they were all mocking and Ed say there's no way this could ever happen by doing take your phone calls as well does a lot to take in a lot to talk about, one 800 684 31 to but here I think that big picture here is that if this is your this six-month mandate was allowed in the federal government to this whole new world of mandating things absolutely and mandating continuously and I think the vaccine mandate issued by OSHA is designed to do one thing really and that is to cover up for Pres. Biden's failure. Remember candidate Biden suggested that any President who presided over the number of covert deaths that Pres. Tromp presided over does not deserve to be President. We now have more deaths under Pres. Biden suggesting that Pres. Biden is not deserve to be President.

And so the imposition of these penalties is really design.

I think to cover up for the Biden administration's failures and it seeks ultimately to enslave corporations in doing the government's work. This is again because I want to remind you tomorrow at the Supreme Court live live analysis of the Dobbs case, the first major challenge to Roe versus Wade.

What I'm holding in my head right now. Three briefs filed by the ACLJ represent the heritage foundation three bounced against the Biden ministrations employer mandate. Russell three briefs filed in the Dobbs case, support our work.

The matching challenge. November you got on this giving Tuesday W picture donation ACLJ.org the American Center for Law and critical issues at home and abroad for limited time you can participate in the ACLJ matching challenge for every dollar you donate, it will be now $10 gift becomes $20, $50 gift becomes 100 you can make a difference in protecting the constitutional and religious freedoms most to you and your family. Give a gift today online ACLJ keeping you informed and now is Jordan secular secular me reset for you if you just joining us, you missed us of the first half-hour try to cut midway through the ACLJ our honor to announce we are representing the heritage foundation in federal court. It's been filed, holding my hands right now relative briefing around the studio today is been filed in federal court last yesterday evening. After all, the air and its historic for the heritage foundation they've never filed is a party in they filed an amicus brief. They see it before but they had never been represented in a legal challenge like this. This is how important they believe it is to be involved in this issue as an organization and they chose which were honored on the American Center for Law and Justice in their first ever legal challenge to represent the and so the ACLJ represents vacancy@ourwebsiteandaclj.org you should read the put the petition it's been filed is also if I don't heritage. Their faces were to try to have their new President begins tomorrow. Kevin Kevin Roberts and then IK James, who is stepping down as President, a good friend of ours to they did issue a joint release to make sure the timing worked on this with the is organization. Both working together to do this at the same time debt financing that I think I Kevin will be joining us on the broadcast later this week to talk about it. Cite the great partnership.

We've done a lot of work with heritage over the decades in Washington DC a lot of policy events the user.

Our attorneys and experts in vice versa but but we've also got a major case tomorrow is holding the heritage petition major case tomorrow if the US Supreme Court. The biggest since probably Planned Parenthood versus Casey, which is the Dobbs case at a Mississippi because of the constitutionality Roe versus Wade in and got a majority conservative Supreme Court that thinks we hope that they think that this issue of abortion is to rightfully be returned to the states. As I've said, it doesn't and the overturning of Roe versus Wade is not that I would declare this does not end abortion. What it doesn't return this to the states.

That's a big deal that is a huge deal and we think that's constitutionally correct. As you said, we got multiple organizations of filed briefs under the Supreme Court rules here so I will tell you that my view is that we have an opportunity here if there was ever an opportunity Jordan for Roe versus Wade to be overturned.

This is probably an the court to decide whether to stick with what they call*decisive switches you have a long-standing precedent which is to stick with it for there to do what they didn't case where the Supreme Court is got it wrong and turn this around and and I'm optimistic that they'll turn around look a good sense of this during the oral argument tomorrow is a big drive broadcast audios be broadcast live and give the go. They don't sincerely stay with the same bounds of time to use to so we can go longer, but will be live with you tomorrow.

The air, but that I think it's important just to kind_for people.

The reason why we can follow three briefs. There announce the heritage representation represent the governor of South Dakota and in the state of South Dakota ended an action involving a pro-lifer of legs at that counseling. Informed consent all the different work that you see there's a lot more ACLJ.org Lessard offices overseas is because of people support that's exactly right in your to hear from you heard from Mike Pompeo, our senior counsel for a global affairs yesterday to hear from Rick Cornell, the former director of national intelligence and investor in Germany with our senior advisor on international policies, national security and all this happens, including those briefs you talk about these cases we've done because of the support of our members so I want to say thank you on behalf of all of us, the people you see every day on this broadcast with the people you don't see that are working around the globe on on these projects so I would encourage you to support the work of theaclj@aclj.org here in the last day of her matching challenge for this month gets it ACLJ.org W impact your donation and that that goes to all of this work and its right of April 2 expand the work were able to do here.

The United States and also around the world to the ACLJ that are encouraging that it's giving Tuesday so that a lot of people use an opportunity gift organizations that they support the work that we do.

I encourage you to utilize because he could double the impact your donation. We had a group of donors will match the donation to come through until midnight tonight and is also the concert tonight as well from the Jay Sekulow bad so would encourage people to check that I sent 8 PM Eastern time is APB subtype. I'll confirm it we get back with the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom detecting those for their faith.

Uncovering corruption in the Washington bureaucracy fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift becomes 20 $50 gift becomes 100. This is a critical time for the ACLJ. The work we simply would not occur without your generous take part in her matching challenge make a difference in protecting the constitutional and religious freedoms most important to you. You forgive today online ACLJ only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activists ramifications. 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to discover the many ways your membership in the is empowering the right question free copy of mission in life today online ACLJ/L Senior advisor for policy national security is joining us now. You should topic your firm to get it some international issues that are also in the news and also very important for all of us as Americans.

It involves China's weapons program specifically at what the New York Times calls a nuclear arms race.

Think about that and Rick. It said that the US what's to talk. I found this interesting when not when you brought torture to that discussed today.

I was looking at it further with RT this morning is that we don't really have. Unlike with Russia and some of the things you care about the Cold War. We don't have really like a direct line of communication with with China when it comes to nuclear weapons look what were the reason is because there is a assessment of art that the Biden ministration is joining about what capabilities the Chinese have when it comes to their weapons and what what our response would be.

This is a report that is required by law for every administration to do and so in some ways this is one of those exercises that we just have to go through to assess it's a good idea what's troubling is that free pecan has been reporting on the fact that the Biden administration has asked to experts on on limiting our nuclear weapons from the Carnegie Institute to submit a report to the Biden ministration on options that the Biden ministration can use going forward when it comes to nuclear weapons. Now these two individuals that have been asked to do this report have a long history of trying to get the United States to get rid of all of our nuclear weapons and that that's a problem that that's a real concern. You know the Joe Biden of today is not the Joe Biden of 15 years ago will even five years ago, the progressives of taken over this administration and now what we see is China rising to the occasion of the week Joe Biden comparison was that we have a history in dealing with with the Russians and so would we have to deal with nuclear issues directly if they are trying to get a handle on the Chinese situation, try to work together on agreements and treaties that that would be something very new. Unlike what's been this kind of historic back-and-forth between between Russia and the United States recent Ricky this day doesn't seem to be the administration's get a really be the one that kicks that in the year, though right and what you're what you're getting at is correct and that our relationship with Russia is long on disarmament and limitations on what we can do. Certainly on testing nuclear weapons. We have agreements with the Russians that go back decades. We don't have that same luxury with the Chinese and and basically the Chinese right now are rushing to build up their nuclear portfolio that is troubling when you look at the Biden ministration's history with China. They have always underestimated China, they sat in Alaska just recently and were lectured by the Chinese on our United States human rights record and now we know about the Hunter Biden laptop which shows a whole bunch of information about the Biden Inman Biden families ties to Chinese government and Chinese businesses and so I think China right now is in bold. They feel like they can push forward on the nuclear front push forward on lecturing the United States and that the Biden team is just too weak to respond, and I think that they right now that calculations true when sequestering you know in our thinking time Rick that US leadership is perceived as vacillating or week our adversaries. They will take advantage of that. What I find alarming. I guess the word is, the administration has a certain amount of navet about if you're talking about the difference between our long-standing relationship with Russia versus China Jake Sullivan recently said that that we did not want to contain China.

We wanted a peaceful coexistence what your thought about that.

I'm so glad that you pointed that out because I think Jake has a long history of the national security Jake Sullivan is a long history of looking at China as an academic exercise, and limiting his thought about China to what's on paper and certainly that's problematic because in the real world trying to tell the truth and another free media may look no further than we allowed China to be a member of the WTO when Bill Clinton was leaving office because we thought if we engaged with China at the world at the WTO, that somehow they would move closer towards the rule of law, democracy, capitalism, and what we found on the last 20 years. That's not true, China has gotten worse while we engage with them and so we need an administration that stands up to China that sent that simply says you. You can't just start going towards nuclear weapons without a reaction from the United States since the recent phone call between she and Biden didn't get a a big reaction or a tough reaction from the Biden team. Quite the opposite.

The Biden team was spinning that the call went well and they talked about a variety of subjects. But then news came out later that they actually never said the word nuclear weapons.

They never discussed it and I can tell you from my eight years at the UN, unless you confront these issues directly with the Chinese beating around the bush does not work to this because we look at China and you look at Russia you look at Iran and you look at what was going on in Syria it's it's an axis and the concern I think we have is we have an administration at least in the foreign policy concept that deals with this is if it's in a parallel universe, not the reality of what these governments are up to date you hit on the head because what it is is is the expectation so that how the Chinese that played on the last 30 years.

Remember, Joe Biden has been around for so long that he's trapped about what China used to be, and he has a hard time believing the reality of what China is doing right now, which is why when they came to Alaska they were able to lecture us and our Secretary of State sat there and got a lecture on human rights from the Chinese think about that.

The hypersonic limit. We had our military speak out, the chairman of the joint state joints that you staff every so that you it was like Sputnik moment because of the hypersonic testing. This orbits the earth gets launched into a vehicle and even the US report for safe, not sure how this is being done that's how it is you are talking hi Rick, this is a this is a different country that it was under mouths a different country that it has been you know since the last 30 years. They are now actively making the place to become the world's number one power and why you just pointed to was the task that the Chinese just did going around the world and maneuvering their rocket and you know it's four times the speed of sound and it's very concerning to the United States that all of a sudden the Chinese seem to be pushing towards breakout there trying to get to the point where they can compete with us with nuclear weapons. There testing there going underground. They are busy trying to catch up to the United States while at the same time, the US is really just, you know, ignoring and trying to contain and realizing that would have to compete with China and we can talk about this all day through the implications for ignoring China and having a rise in China so fast as I've always that Rush is a problem.

China is a crisis going to want it then just really quickly and then it is been following up on this trying situation so recommend with some of the problem is, what's the solution well that the solution is certainly not beat around the bush directly going to the Chinese and having some of these discussions while at the same time realizing the threat that's underway and breaking towards the future where the United States is clearly in the front. Now remember that Donald Trump did. He saw what was happening in space.

He saw that we needed to make a big move in space to protect our satellites and he created the 's that was largely because of what we were reading that the Chinese were doing. Remember, the United States is still dominant in the water and underwater, but the Chinese are really making a play for land-based and an air and so we've got to be able to stay ahead. Which means the good old Ronald Reagan warning of peace through strength means having a Pentagon that is at the forefront of technology utilizing technology and then being able to not use it because you have the best you know we we know is a country that if we want to do it and we wanted to compete and we want to excel and we want to be the leader we can but we have to have the will event the right leaders in place and says Rick's enemy is there to do appreciate being all of the state is there that have the will to do it to make the investment you got a merged military incident discovered that there every think you're some of the strategies. This is not 1980. This is again over the 2020s and in the worldis very real and the world. These advanced weapons are very real. While we come back to you to talk to back up to speed on the cases as well live it. One of the Dobbs case as well. I go to ACLJ.org find out about all the information there is ACLJ that support our work double impact your donation. The final day of the November match challenges today. Noted today. They seal JW only when a society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold mission will show you how you personally support publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activists. The ramifications of 40 years later Planned Parenthood's role in the worship ministry what Obama care means to the pro-life in many ways your membership is empowering the right to question your free copy mission life today online ACLJ/the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom. Protecting those faith uncovering corruption in the Washington bureaucracy fighting to protect life in the courts and in Congress. ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift becomes 20 $50 gift becomes 100. This is a critical time for the ACLJ.

The work we simply would not occur without your generous heart wrenching challenge make a difference in protecting the constitutional and religious freedoms most important to you.

You forgive today online ACLJ back to secular to your FO cost. If you would hundred 6430 went to. There's been a lot of information today and shared on the broadcast. Let me remind you if you're just joining us that a big announcement today because it occurred. I guess they are filing last night, but the ACLJ is representing the heritage foundation gives the by the ministrations employer mandate its historic Beaufort for the heritage foundation because they have never filed a lawsuit directly as a party. I think that the father they think an amicus brief before the pastor. That's how serious they are taking this overreach by the federal government, and I give think they chose and so were honored for their first time to to gauge this way the American civil justice in our legal team to represent the it is a start that the heritage of been engaged by communication from a policy issue and that they may encourage their employees to get vaccines. I just don't like the mandate and I think this is where you have to separate the policy issue from the you know what each employer does that's different from a policy standpoint here. This is not a difficult call because the federal government and the OSHA said this, they don't have the authority to do this so OSHA doesn't have the authority to do it, which is the federal agency that's been chosen to put this out. They don't have the authority to do it. The answer is federal government can't do it now. It's all consolidated at the US Court of Appeals for the Sixth Circuit so all of these cases, I think there's 30 or 40/100 plaintiff are consolidated now before the US were built for the Sixth Circuit and what will happen is you will see I think this is likely you will see a pretty fast-moving issue and ultimately we know that in all probability will be decided by the Supreme Court yet so this is information is up@aclj.org and this is to be. I hear it's it's it's it's it's a series case and there's there's been a lot of different groups to file but there's it's it's serious case because the federal government is always trying to grab more power there always try to say that it's a agitate power, but even when the last time around. They tried to do a mandate ended up with the Supreme Court, arguing it was actually mandate.

It was a tax it's it's not really it's not their role. Its states have these roles you know if you stay to make their own exceptions for the rules of the West. I replied exceptions states do this all the time your kids go to school on the state requires that they get this shots to go this greatest of extra but the federal government does not do that in the federal government does that because the to the riveter Constitution. That's precisely correct, but it's also important to keep in mind that progressives see relentlessly to do one thing and one thing only to grab power, even if that attempt to grab power is incompatible with the U.S. Constitution. So I think a first year law student who read the Obama care case would understand that individual mandates violate the commerce clause. Individual mandates with respect to the vaccine. Also violate the police power of states. Nonetheless, the Biden administration has essentially said full speed ahead. We are going to introduce this in part because the Biden strategy of basically corralling coded has not worked as effectively as they thought it might. And so now the Biden administration seeks to blame individuals who refused to take the vaccine or who have questions about it or who have talk to their physician and their physician recommends against so I think it's important to keep in mind the federal government only has a limited role within this particular rent arena. Within this particular space but nonetheless the Biden administration seeks to absorb all of the oxygen in the room concerning the vaccine and I think they will find that there attempt violates the Constitution, both the 10th amendment and the commerce clause that very it's exactly what I encouraged by that the blog is up ACLJ.org but in the blog is the link to our petition.

It's, it's, I guess it is just a few pesos.

What it everyone is this the right academic or watch a kid that just very quickly and see the legal that the legal are you making obviously will be extended out a briefing but but it's it's it's unique, and that since you can see kind of in a very simple way the arguments were making.

I think you're very straightforward our listeners. I would think would be of the pick that up and read right through and understand are your making and they started writing you start these cases in the Court of Appeals with his writings that the only time this is happened, or other provision regarding the Court of Appeals to petition for review. I think it's more pages like you said the court limited the size of the briefing will be more expensive obviously and the cases.

But like I said all the cases are consolidated so the question you're very simple, does the federal government have the authority, not now.

OSHA said dated now, they said they do so all that becomes very relevant in this litigation.

You can imagine, but at the end of the day.

The question is to be constitutionally a power reserved to the states. What is the federal government have the ability to come in here and in mandate and we think at the end of the day.

It should be the federal government does not have that authority.

And that the party that best with the state and that's how should be handled. I just encourage you this is I again at any ACLJ.

This is the work that we are doing whether to case a kid today announcing the representation of the heritage foundation against the by the ministrations employer vaccination mandate at the again the important case tomorrow. I spent time on this one and I think this is West for what people of faith who have been leading the charge of the life movement but also now with science and technology product.

The first major challenge Supreme Court has agreed to hear two Roe versus Wade. Since there that the early 90s that decades, decades in the struggle and in the making of that was coming up tomorrow and in reality I think what they're asking, even though it's been billed as the overturning Roe V Wade, I think you're asking for to do what the Constitution provides to let the individual states that the individual states to set up the laws and principles concerning upper left versus pro-choice in Mississippi is trying to do that. This is the most important cases Roe V Wade and will be praying and watching as this goes for you. Not that this is gives a final day of our November matching your band tonight's put together performance for people some new music in it as well. That's at 8 PM Eastern time on your Facebook page so people can check that out out hosting and I get there as quickly as possible, the brakes will be. It's a thank you to our supporters and reminder that they've got until midnight tonight to be part of that November management really is a thank you to the people of already donated that we got a bunch of new songs that we've added to it. We got the whole team is there about this a big traveling month for a lot of our guys were there to see the whole band tonight and were excited about it and it is our thank you and reminder at the end of the last hours of this match that you can still participate if you had already but it is a thank you. We always enjoyed doing this during our matching challenge renewed in a 46 times a year and like a sense of new songs, new tunes and I think you really enjoy. Right now, folks. Let me encourage you go to ACL, J. F. You will learn about our representation of the heritage foundation. You go right there it's it's up at the homepage. You can actually see I'm holding the petition for review with staff to file file yesterday afternoon as she can read it and see it.

It's four pages plus the signatures assess about five pages technically and also our briefing on Dobbs tomorrow to be focused in on that this is gonna be a great resource for you. Make sure you go you listen to our broadcast radio through Sirius XM or watch our broadcast online. Let me encourage you tomorrow. You don't want to miss will be doing live analysis of the first major challenge to Roe versus Wade since 1992 I believe this is this the get very important writer for all of our listen she deftly would be to do tomorrow as we analyze the oral argument. It will be broadcast live. At least that that they really hear that's even here the arguments will be able to break it down for you live on the air support our work@aclj.org double effect of the nation. Check out the concert tonight 8 PM on the Jay Sekulow face the American Center for Law and Justice were engaged in critical issues at home and abroad for limited time you can participate in the ACLJ matching challenge for every dollar you donate, it will be now $10 gift becomes $20, $50 gift becomes 100 you can make a difference in the protecting the constitutional and religious freedoms most important to you and your family. Give a gift today online ACLJ


Get The Truth Mobile App and Listen to your Favorite Station Anytime