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Countdown Begins: Biden Mandate Goes Before SCOTUS

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
January 3, 2022 12:00 pm

Countdown Begins: Biden Mandate Goes Before SCOTUS

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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January 3, 2022 12:00 pm

Countdown Begins: Biden Mandate Goes Before SCOTUS...

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US Supreme Court now Sharon post, call one 800-6843 11 secular 9 AM ACLJ representing the heritage foundation. Other Y brief to the US supreme court opposing by vaccine mandate that begins tomorrow I will go through the key parts about how it goes into effect and what parts go to effect tomorrow so penalties on the specific vaccine part of this larger OSHA rule until February 9 but we also hear from you what your employer doing what you have to do because though the courts hearing the case. The special oral argument on Friday. Highly unusual.

They did not prevent the beginning of this from going into effect tomorrow, so would love to hear if you want hundred 64 3110 is your employer. Same for your card tomorrow if you vaccine or just do a test or were Singapore's across the country, a lack of available test that even comply with this mandate in a way we can keep going to work without having almost forcing businesses to shut down not because the so there's employer employee who sick because they cannot take the test and to comply.

So this again will all be before the Supreme Court on Friday. As you know, we represent the heritage foundation.

This is very unique because they're doing the case that on the Friday before they annually start their term on Monday. Yet, which is highly unusual with this entire process frankly has been highly unusual because they have not granted a stay and technically the law goes into effect today or tomorrow. Excuse me. On the fourth so you have to make all the penalties don't come into play until February. You have to make carry what is called a good faith attempt to comply with the law, which is very subjective, but clearly you have to do something in order to avoid penalties which will be applied by February 9. Alyssa court declares this unconstitutional or issues the state. I think you're right. And so I think the employer will have to make some affirmative steps toward applying I'm sorry complying with the rule and failure to do so could result in penalties but I also think employers will also have to engage in some research because if they are going to allow employees to engage in testing the question becomes our sufficient testing kits available and I think the answer is no, and lastly, let me point out, as I understand it, Anthony Fauci has said that you may need to take up to three test in order to comply yachts because they are the way that the tests are picking up this. We got a lot of people out here and are our facilities are studios at what I liked and also was going on in your area in your office and your business in your factory where you work where you were already run your business.

Give us a call 1800-684-3110 800-684-3110 take all those calls will give you a sense of what we expect from Supreme Court all the briefs as Jordan set a file which raises something I want to say to all of our members and am speaking for Jordan and the rest of our team on this with the say and we are delighted to say a huge thank you to our ACLJ members.

December 31 which is our biggest day of the year.

This year was not only the biggest day of the year as far as fundraising goes for the ACLJ online fundraising on December 31, was the largest it has ever been.

In other words, it was the largest day of the year financially for the ACLJ in our history that doesn't happen without you. So I wanted to say on behalf of everybody. You see all the lawyers you don't see the production step.

You don't see the social media established with a post content creation, but from all of us were mean Jordan Logan Harry everybody. Thank you, thank you for standing with the American Center for Law and just really had a great year because of your support we get some big initiatives and the allowance announcing the weeks at our teamwork right through the holidays to get this brief done of the Supreme Court.

That's actually right" to get a huge thank you to everybody out there who support our work throughout the year is at work continues to be the work did not stop throughout the years, New Year's Day because of this case absence report work you got going on all around the world. ACLJW huge thank you to our biggest ever biggest your direct that the challenges facing Americans are substantial time and are now in our freedoms, our constitutional rights are under attack is more important than ever to stay with the American Center for Law and Justice for decades now ACLJ is on the front lines protecting your freedoms defending your rights and courts in Congress and in the public arena and we have an exceptional track record of success.

But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. Not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ only when 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 and 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 pro-life cases were fighting for the rights of pro-life activists.

The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to the prone life as many ways your membership is empowering the right to question your free copy of mission in life today online ACLJ/secular.

We are to your phone calls to 164 3110. As the mandate technically goes into force tomorrow.

Now your employer.

It's a good faith enforcement when it comes to the vaccine portion of this made it easier for 100 or more employees, and even go support. We put this in our brief. OSHA said if you have only two people go into an office but 98 who work in remote locations.

This applies to you now how it applies to you is still try to be figured out by everybody because the people that don't ever go to the office. They say take a test at home and then send it in. Even though the not exposing any of the of those two people in that hypothetical. That's their own hypothetical sonars. They put that in place to say that this is a get. It applies to you, so there's not ways around this, but we also know that there is a massive testing shortage in our country right now so effectively, even if your employees were not vaccinated or not showing any sickness or signs you could be shutting that significant portions of companies if most states he were the most vexing about 1/3 of people are not what here's what you got right now I'm not like our officers with a high vaccination percentage but there are breakthrough cases.

The people that are vaccinated and concluding some of our department heads on and in those situations, they still have to quarantine fighting is now for five days in this post, take a test were putting all those protocols in place. We also put in a very elaborate filtration system. We have not had a breakout in the office, which is been good. However, Pres. Biden has said publicly that there is no federal solution to this. I want you to listen to what this is the work of the present Nicholas. There is no federal solution to solve state-level and I think that's right. And I'm in the state level actually may mean it gets all the local level because there could be a local situation different than the state situation clearly states that the police power states want to put in a vaccine mandate they could do it. Would the federal government 20. Should I just doesn't have that authority. Now, everybody's trying to figure out that as a business, how do we start complying tomorrow and one thing you could safely say about this long will you take your questions in this rule at 164 3110 but one thing we can say about this, Harry. It is far from clear what a good faith attempt at applying complying with this would actually mean absolutely so based on the record adduced so far it's more than likely that it will be impossible to be assured that you are making a good faith attempt. I don't believe OSHA knows what a good faith attempt actually looks like, in part because they have never regulated in this particular arena before and so they don't have to staff they don't have the experts and in addition to all of that as we suggest in our brief before the United States Supreme Court.

This particular mandate exceeds OSHA's statutory authority of the statute only gives the secretary power to address Occupational Health & Safety risk where at work, and so now OSHA is essentially trying to regulate health and safety risks that may indeed be encountered off-site and so at the end of the day.

I don't see how this will work, and finally just repeat up a point that you made earlier J it, it strikes me that it will be virtually impossible in the short run for the Biden administration to assure sufficient testing kits are available to the American people so that they can indeed comply when there's a complication on that and that is not only text test not available.

We picked up some some days I'll have me on for like an hour for you. Grab them this with Dr. thought you said about the home test with. Maybe when employees are using Dale home rapid test work to detect outlook on the answer is they do and I think the confusion data is that rapid antigen test have never been as sensitive as the PCR test. They're very good when they given sequentially. So if you do them like maybe two or three times over a few day. At the end of the day.

They are as good as the PCR, but when you do a one-time test which is what's required under the mandate. They're not in this is where this whole mandate is putting employers and employees in a very, very difficult position without a lot of calls coming and we want to know what your company is doing what you're planning on doing this unusual moment.

Our brief has been filed with the Supreme Court of the United States. As we said was Bob early this morning had been bite and we got a minute. Nine. Work on over the weekend. Let's go ahead and take a phone call to Jordan Kerkorian Iowa online one a quarry roughness secularly on their way down today so Aaron I'll they use in several different locations, such as mine and Davenport is they shut down that the schools are now closed. No road hazards. None are not called into the end of the school and apparently it's because as of today they now have throughout the state. A bus driver shortage along with a teacher shortage yes is happening on that front. So these are not imposed by the government.

This is naturally occurring. We have in our offices. A lot of people out to because this that this particular variant spreads very easily.

So if someone has it. We don't want them coming into the workplace. Obviously, because what that does is that increases that the spread and so were trying to avoid that. And we've had good success so far. But a lot of schools in different parts of the country in a my grandkids schools were not supposed to start to once they are starting Wednesday but they're doing it virtually and a lot of and the teacher shortage.

Again, this is not a government mandate. This is just fact.

People are sick.

I mean that no one can deny that people are getting sick from the coronavirus what's going on right now is this Barry doesn't seem to be as lethal as the others have been and as someone who lost a family member to this. It was very lethal.

I think what's also have to doubt these testing requirements come in the place because the symptoms are an art to be more mild and people are vaccinated even boosted that they they don't say nothing to come back as with a positive test.

Choosing this issue with schools having a tough time reopening, not because the government this is the interesting part about this case before the court and I think the garbage it's it show that there is no need for the government to be involved in this mandating because whether to school district or business or restaurant doing this already there said that if they don't have the people Cupped if they kick enough staff and employees together to safely open the school or to run the restaurant they have to close and on the top of that the fact that the tests are not available makes it very tough year when you're trying to get back to normal. This was to be the quick way to figure out if you're not it's got infected body. If you don't have symptoms and people can't get past it is a run-on test average merely find out what day they come in to the pharmacy or to the grocery store and everybody buys of that day, and they're gone for an entire week the lines or hours long test. Exhibitors also question the mandate about whether or not the at-home test has to be done in person at the office.

Don't know because that's different than the drive through test of the other test.

So with there's a lot of questions. It still government and exit their changing the rules as you go.

That's not what OSHA's about. That is not that does not help business in America. Figure out how to get back to work a week because we think the legal issue here is one of constitutional and statutory authority does OSHA as the Occupational Safety and Health Administration have the legal authority to put into place. This mandate was the mandate comes down from the President through OSHA is OSHA as an agency of the federal government that they have the authority to put that into practice and I think that the clear answer to that LOI thing is a very close case is they don't of the statutory and constitutional issues are significant here, but if you just go with their authority issues commerce clause issues of federalism state control of these kind of police powers. I think it makes it a very difficult case. Having said that, the one thing that has is all I think and we been doing sprinkler practice for 40 years. I think all of us are perplexed.

Is Harry there were eight request for stay including from our client and none of those were granted.

I think that's correct, and the Supreme Court easily could have been given an administrative stay but they refused to do so, at least so far. And so then the query becomes of what is going to happen between January 7 and January 10 when compliance apparently is supposed to kick in unless his the Supreme Court intervenes. I think the economic impact of this without a government.

The government site map to close down anything because what's happening is 3000 4000 flights being canceled.

Some whether some staffing we have.

We know that in her own office is what I want to hear from other people what they're experiencing, that there are people that are sick and there out and you know that. And if you're sick we don't want you in so what you do in that situation. Well, I mean that doesn't solve the mandate issue which were still trying to figure out how to comply with like everybody else's will make a good-faith effort, which is what the law requires, but is very very complex.

We'll talk more about will take phone calls become back in the right absolute to talk so they are 2000 684-3110. Elliott see some questions here of these employees asking do I have you heard yet about yet potential get to Tim's call the Québec break 100 684 31 to the talk to us on air. A huge thank you Tracy LJ financials orders with it, 20, 21, the biggest year ever financial ACLJ and the biggest day ever. On New Year's Eve so huge thank you everybody responded to those metric child or the work ACLJ over 20, 21 hour 2022 arrests report of only one. A society can agree that the most vulnerable invoice as 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. The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to the pro-life in many ways your membership is powering the right to question your free copy of mission life today online/challenges facing Americans or substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the front lines protecting your freedoms defending your rights" in Congress and in the public arena and we have an exceptional track record of success.

But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms and remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ special briefing just filed this morning by the ACLJ representing the heritage foundation that will be up@aclj.org. They devour on the work of that blog.

Now there's eventually see that image of her watching the broadcast right now of the brief that was reply brief that was filed ACL G-tube was working through the new year and in the holidays as you do last week with you were on the broadcast that even through this we can because this was due today 9 AM so that was filed I wanted to write to the phones are the sum that because one of the issues with this mandate, which technically goes into effect tomorrow. Is that no one knows exactly how to comply or what is good enough to comply to NHC I question my mom from Missouri hates him welcome to secular you're on their doorbell is really thanks. I and my company is wanting a back the data declaration, not on you and Mike. My question is, under any other circumstances we understand it would have to or ADA compliant. You know that laughter even as far as the fourth amendment privilege that is none of their business. So under now that the ruling as I understand it, is that a carveout or OSHA violation by your employer because they're not a healthcare facility because I had okay okay like what I have printed this information is overly technical because of the OSHA mandate life we don't we don't know the exact standing of that awful because under any other circumstance that you know they could nab a woman in a pot both at the center is confusing and confused people I've seen says it's a declaration know you better show your card about whether or not you to show digitally or in person, legal, HR departments are handling that declaration, I see that I get this a 400 page requirement is been in legal flock since the beginning it was stated so couple weeks ago the state got lifted in this report that has this emergency session on on the issue of whether that there should be a stay reimposed up his nose. As I write it, but there is not every now and Supreme Court decision you take them to start comply with this tomorrow. If your business owner with 101 alloy employees. You have to start comply with this tomorrow. You're not getting it fine on the vaccine side of this until February 9. That's a memo knowing the Supreme Court that is me can't make you have to make a good-faith effort to comply.

Now yes we were meeting after our broadcast the date of tube with our senior staff and their lawyers and trying to figure out what what the appropriate thing to do is let me say this, I mean we want to hear from you about what's happening in your place of employment or your business of your business owner wherever you work or whatever business you know what are you doing if you get if you fall within this mandate, 1-800-684-3110 working to give you our best information, but I think it's very clear to say again, if you want to talk was 800-684-3110. No one really knows exactly how this thing is implemented. Harry, I mean, what's your sense of good faith compliance. Well, I really don't have a great sense. Certainly I think employers are going to have to try to ascertain whether or not suit their employees by and large are vaccinated, and if not, then there is a failsafe, which is the testing but the testing I think that particular component is still up in the air in part because of the absence of testing cats. But in addition to that, as I understand it effective tomorrow. The CDC is withdrawing its support for a PCR testing in 2022 and so on one hand, Anthony Fauci is saying the PCR test is better than the rapid test with it. Then the CDC is saying we are going to withdraw emergency use authorization in the early part of 20, 20 2I think the court I'm sorry their governments confused. Here's what that woman to be the statement. It is with this thing. They say, to provide employers with sufficient time to come into compliance. OSHA will not issue citations for noncompliance with any requirements of BTS before January 10 but that's only six days next week.

Yeah, and will not issue citations for noncompliance with the standards testing requirements before February 9 so long as a missile to catch employer is exercising reasonable good faith efforts to come into compliance with the standard OSHA will work closely with the regulated community to provide compliance assistance. The regulated community. By the way is employees and employers. So it seems like 757 employers I what I don't understand there is is a federal Army really can take the federal government at their word when they can barely operate.

We know that there's been issued to the IRS is an 80,000 new employees in all this money they can't respond in time. They were all having issues with covert testing to see what have good faith. The oceans really can be that easy to work closely with is employer how long you been on the phone to try get somewhat out out at an OSHA if your employer with 101 employees you not Amazon, not some gigantic company where maybe it's easier for you to work with the federal government is your contract with the federal government on various things but if you don't have a direct line in the ocean now can you imagine the whole time trying to figure out just because because you try to make a good-faith effort. It's never works. These departments are ardent are not good and not set up to do this OSHA itself said they can't do it, Joe Biden, the present United States play. If everybody said they can't do it.

There is no frontal solution to solve state-level that the President is light of our brief. Yes, that there is no federal solution but there trying but the argument here is what Rosemary Connecticut online five heroes.

All all all I want to about clubhouse being paid on my daughter's education has been put on hold to college will no longer taking them so that I work in the school of the specialist up until until not now. It's been pretty easy. We going every weekend pass on getting our results to the principal.

I'm not sure what happened to my mom start school again because it's like a three hour wait to get the art test and they will not accept our home And think I pretty had coded recently. I'm coming up positive so to This discussion but I think you will only get back testing situation is rather dramatic.

Right now we were in Atlanta. Some of the holiday and Mary we used to live on a particular signature Hills Road.

If you took a right which we did limit that by having been taken right on that road for 45 years you're talking about two hours the travelers to stop and they said to get test. I was going try to get us. We should not turned on. That really turned around when what it was a two hour wait in the lines were unreal all off to the Expressway genre how they're going to do this and the impact on businesses. If you're asymptomatic or delete from dramatic I were here for another 30 minutes. We a lot more to talk about, 1-800-684-3110 will take your questions and get a huge thank you for friends and members of the ACL fame came through in such a big way biggest day in the ACLJ's history financially was December 31. Thank you. Phone lines are jammed all open up in the right way hundred 684-3110 back with ACLJ's been on the frontlines protecting your freedom is defending your rights in court in Congress and in the public arena seven Vermont Justice is on your side. If you're already a member thanking God's well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ keeping you informed and now, this is Jordan secular secular.

We are tearful close to 106, 431 to let me just get you up to speed so today and 9 AM ACLJ filed on behalf of the Heritage foundation. Their client in the case opposing the Biden vaccine mandate for employers with 100 or more employees that goes into effect tomorrow but the briefing of this report was due today. The oral argument will be on Friday at eight special session of the Supreme Court that actually back technically until next Monday, but they are going to hear this case of the cases on whether or not they should be a stay whether not the should be prevented from going into effect is OSHA really have the authority to do this said, additionally, they did not they we also present Biden who said the federal government cannot provide the solution. It has to be the states and yet this takes all the power away from states and localities because it says this is what you must do this is how you have to do it, except for the testing requirements actually meet those requirements. Right now nearly impossible because the detest are just not available so you gonna get a host of problems here. First, you don't have adequate testing so there's not the ability for the employee to get tested in a way that would make sense other than maybe missing an entire workday, which then is impacts the employer and you're already having trouble getting employees so that's number one number two is the employer, in our situation. I don't exactly know what were supposed to do. Do I admit working make a good faith attempt so we can figure that out this afternoon but this is this is the problem and then three, the Supreme Court may give a decision right away. They may not give a decision right away. So what what you need it.

You know what you need for motion to do like they do in so many other workplace safety measures. They have shut those little posters we have in our unemployment are our common areas are our break room. It says here you know safety precautions and whatnot you don't have that here in Yemen conferences unvaccinated employees have to be massed when they're in their workspace when what up there in their private office.

I mean all of these are real questions. I think you're right. And one of the fundamental problems with respect to the OSHA mandate is that if you look at virtually each and every previous mandate.

The burden has been placed on the employer, and then the employer's obligations have indeed been specified with respect to testing with respect to the vaccine mandate or the testing out to the relation we placed the burden on whom the employees to comply and they have to do it according to their own expense, and so I think we are in basically uncharted territory, and I think that is because that's what the government prefers they prefer the ambiguity as opposed to the clarity.

Why, because I think they're trying to incentivize vaccine that you could take a position in favor of vaccines. I mimic the. The Supreme Court is recognize that government speech can take a position on on a whole host of issues, including this admit we are. I am very pro-of the vaccine. I I've had my chest boosted I think. I think it's safe, and I I'm I not been not a doctor like you been medical advice. We obviously that's a disclaimer, but I've been very pro-backseat.

However, when I'm not pro is trying to comply with something I don't understand where you said impacts the employee talking from employer standpoint to impacts employer to we have to create a database. Okay, somebody has to run that database in addition to the job they're already doing and this is an office and got offices all over with this data in central situation. It's all very very complicated copy of your HR department and the testing requirements for ploys that are not vaccinated for the weekly testing this question about a piece of you likely drive through Tesco test with the doctor. That's one thing but what about the at-home test that has to be done in person every Monday at your office meets with the time the burden on the employee because they got to test and then on the employer because they've got to figure out how to monitor all of this and put it together is a double burden here and what the challenges facing Americans are substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member thanking God's well this is the perfect time to stand with us ACLJ.where you can learn more about our life-changing become a member today ACLJ 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 and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called 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 activist the ramifications of 40 years later Planned Parenthood's role in your motion imagery and what Obama care means to the prone life in many ways your membership is powering the right question free copy of mission in life today online/phone you are getting the best best advice we can give with a situation that is not crystal clear OSHA. There was a stay on this going for so everything they would've been doing to get ready for it to go into effect tomorrow. They stop doing as well that she said that they that they should there not ready to actually influence, especially the most controversial part of this which is the vaccine requirement of the testing requirement until February 9 so they know that they can and the staple of the state. We can't we can't wait to work for you.

Like I said if you're a real small business that it's this 100 employee marker you hundred 52 employees have a direct line OSHA you be on hold. Just like everybody else is on hold with the every other federal agency for hours just trying to figure out how do I not get fined out of business right because I got one angry employee who will say I'm not doing the right thing even on trying to do the right thing and you come and find me thousands and thousands of dollars a day, but I will go out to the phones at the people's calls and questions Kelly calling from Maine on line 6 a Kelly look at the secular. Thank you very much. My question is my white work gave her an email saying they're going to give out retention bonuses to keep employees, but they're separating it out to the vaccinated and unvaccinated where the vaccinated are the only one getting the bone on it doesn't seem right or fair and it seemed on the plate.

Coercion or leveraging to try to get people to take the vaccination. Achilles is a private employer, yes, but they do get grant money from the state. It's a private company and what they can do that to me in a private company could say were to give an incentive for the employees and vaccinate look insurance companies if your smoker they charge more so II expect insurance companies are going to get into this of this continues to where there can be putting this article, I think a Kroger one of the other ice. I think it was, but maybe when the other, we check that out please I think was Kroger has had a certain insurance on employee surcharge for their employees that are not vaccinated. That's gonna start happening to me and so that's that's allowed. We think that's actually how you use this it all be dealt with is that employers decide you get to decide that if you like to be's continued work for employer like that are not. If you will seek employment elsewhere. This is lot employment options available to people right out that employees have a tough time keeping staff so if you say have like this look elsewhere with the federal government comes in the mandated.

You don't have any options or questions and you once they get into this business will get out of this if they know they can do this.

It's endless amount of things you could set you could see them say what unemployment don't go get pizza to your place of peace is not good for you yet you know what pizza it up.

If you eat too much meat said that sucker for health so no longer can you provide this kind of food to your employees. Even if you want to provide anything that I would employment was important was that was Kroger. By the way they kill side only provide health yes so that's where this is gotten backward to mean differences in our facilities we put in an elaborate filtering system. We have encouraged still encourage social distancing.

There been times when going to a mass requirement during peaks of this were the government and after mandated.

We just didn't know what the government and same app when in the filtration system. We did it, but every employment situation is different, but that's why the federal got that's where Biden was right is not a federal solution. Michael in New Jersey online three and Michael from the secular, you're on their morning. How are you thank you God for all that you do just a quick comment. I understand the mandate of 100+ employees violent small business and I pastor a church in New Jersey and so being in control of the decision of controlling the people that come in and out of those two facility.

I think it's what's gonna really help us in this time is that employers take accountability and responsibility of doing the best we can to slow the spread of the disease because in my business. You have to have a match. You have to be sanitize what had been attached. We have to take the temperature at my church.

You have to be double vaccinated to come and you have to show your backyard so as controllers of the flow of traffic that come in and out of our facility. We have to be contributors. As far as participating from a humanistic standpoint and slowing thing and not just write about Huguenot doors open and keep it in operation because of the bottom line have to provide a safe environment for my employee first before my customers think that's right actually in the plot yet to try to keep a safe environment for both so I use us as an example, we put in a filtration system or no government mandate to do it was expensive we did in all of our offices and ate it was to stop the spread and that was one thing we do we put in a mass requirements when we thought it was appropriate to do so even sometimes when the city said it didn't have to. We did a meeting so we took affirmative steps because you want to protect your employees and if you got customers you want to protect her and cost your customers. The problem here is we are trying to figure out this is that this is really the challenge were trying to figure out tomorrow how to comply with this and were lawyers and honestly we can figure it, I think, and Michael situation that you have the church wants to handle things, how the business was to have these are you doing it doing what you need to be doing my cotenant did for your community and for your employees and for employees, and I think that's true for most employers and most of what they don't need the federal government mandating this you don't need people reporting you to OSHA I don't know if you have that many employees are church might like, but but the listener answered the second part of this is the. The hypocrisy we've all seen so in New Jersey. First, you're comfortable.

You're very blue state governor was out in Costa Rica. While this was raging with no mascot.

We cut we consciously see that with AOC in Miami with no mascot in her responses. Just because you people want to date me no response because people in her state can't go out and have have a drink and have dinner outside that mask in that she would execute go to the states.

They mock like Florida and dissenters who they mock and there there there taking advantage of the fact that those are what they call free states that because this is the this is the difference in all this when you have a situation where the employer is trying their best to comply, which I think most employers are because we don't want is a bunch of sick employees so that we can then not function as a business and I think the problem here is when you don't function as a business Eric when they don't take the appropriate steps. What you end up with is a mess because not it.

It hurts your employees.

It works your company and then you will have less employees, and that's not better. I think that is correct, but I also would add that the problem with the mandate is embedded in the following statement.

Some employers will do a better job than others. Some employers will actually do the wrong thing and may exacerbate but let's presume for instance just for sake of argument that the OSHA approach is wrong, it could then do what backfire and I think that's part of the. The problem that were dealing with here is we don't want to take away employer freedom to offer their best advice to employees to take precautions etc. etc. but what we are saying is that Joe Biden and his OSHA staff don't know best for all of us. And so I agree with what Joe Biden says there is no federal solution go back to the phones Eileen in New Jersey online to Haley. What is today I is good or hold and why employer state government able to mandate medical procedure or treatment for anyone under any circumstance it will help you. Do you have children or did you have children that were school-aged children are Graham and I went to school they had have vaccines in order to go to school. Remember building, especially everywhere, everywhere, in every state and fortunately not federally mandated, but to go to to go to school you had have a vaccine so multiple vaccine yeah I that's done the state-level state-level mess with the point were making here is not the date that vaccines can be mandated. For instance, they could mandate them subject to some exemptions, but the federal government doesn't have that authority. So wire employees or any able to enforce this will employer can trick create a safe work environment. For instance, it's a much different case, if a hospital were to say we want and all of our employees vaccinated which they are saying not mandated to sell there is a mandate now Balaam doing that before because the concern on patient care and other medical personnel. That's why we have a shortage right now. This is serious serious outward integrator questions like a cause a question about this coming in circuits as many as possible. We come back from this tax break got one line open if you want to get that line 164, 31 to our reply brief that will be available for edible working on blog speak right now. The pallet sporting the US Supreme Court that walks through all these arguments will be available for 1112 something you can read and understand the deductive being of gone to law school. To understand the arguments I think you will see the layers there that will be available@aclj.org that other social media.

After the show today if you got calls and questions 1-800-684-3110. That's 100 68110.

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But you do have to start good faith compliance and there's other. It's 400 pages of compliance to HR departments a bit busy if you were for employer with 100 or more employees of the city. She questions that it out of Texas and Nancy online for he, Nancy, welcome to secularly or on the air all contractors so they had complained Eileen dating on plate is virtually going to the office one day and on which it might order allow that stating that company marketplace and mandate the vaccine that I get because with federal, contractor can find anything that we level though my questioning I mean my company really has the authority to already find the state Supreme Court holds. This doesn't stay.

Federal law trumps state always employer is no way you can rely on executive order from Abbott when the fines started $13,000 for each individual violation up to $136,000 if they passed Bill back better to get to tomorrow on the air to be up to $700,000 per violation) go to distinguish between the ocean mandate and the federal contractor mandate yes and I believe the caller was suggesting that she was working for a federal contractor and so that may be maiming that her employer subject to different rules and regulations and I believe a couple of courts, not the Supreme Court have intervene with respect to the federal contractor month cited so that the Supreme Court is to become the physical a lot more than 100 employees. They would still be authentic entrée would still be in a federal or federal contractor that the problem with all the from this is we can spend four hours a day. Every hypothetical and maybe were right. Maybe were not so, what were trying to is good were trying to determine what constitutes good faith compliance. That's all I think you can do in a situation like this yet, except for good for 50 plasma five to $700,000 a time you don't comply exactly right you will. That's why the Supreme Court should have granted a stay pending the disposition of the petition for certiorari or the application per se. They should have issued an administrative state. They did not get Arthur in Ohio online three AR throughout the secularly on the questionnaire.

The fine if one is not in good faith compliance.

What is the basis in law. What is the basis in regulation for that ability to find an employer is the big zero there right now under their current OSHA standard that violence like the walk-through is $13,653 during the emergency. This this time. So the ETS said six months now that each violation. If you willfully violate its hundred 36 of us and comply with this bill back better conversation was to increase it to $700,000 maximum five per violation that what OSHA is pointing to ways they have abilities through this and other areas of everybody you go to your using your common areas kitchens in your workplace where people gather you large seals. OSHA posters of all the different things you could call in the OSHA and and OSHA can find your employer yes so that that's their basis.

The thing is, they've never done this on something that is a outside the workplace issue as well say things like expenses were because you were going into a workplace right that had, or other chemicals that you might be exposed to work in a factory that you're not being exposed to in life or your employer. So what's here is is bizarre. OSHA employment try to regulate something that's just as you could be is exposed to just as much sounds idly workplace as it said to me because that OSHA cannot regulate private conduct at home right since that's what they're doing that while the well not if you're not vaccinated. I guess you have to get the test with. So the problem with this is the I'm not sure there's any federal agency that can actually do this is our federal agency that could cite yet he got to do this but OSHA certainly can't OSHA kinda said they can't, and then Joe Biden kinda said they can either when he made his statement that this is no federal solution and what this is done is create intense confusion.

Let's try to get married, will take unless I will try to get some other calls as well as 100 is elastic with overtreatment/sorry Mary prior final call of the day in Florida online for another hour.

Hey Mary, welcome to secularly on their one large California here and are and mandating that right now.

Right now this is the issue and I think it should be brought up.

The data yet you know that there's all the news stories but has a longer period of time, but still even oral arguments. It was any justice question, you can't get these test you putting a mandate on people that they literally cannot comply with. In many states and jurisdictions across the country with any good faith effort. They want the because the burden here how OSHA sits up is on the unvaccinated employee has to get that test deficits were widely easy available could make that argument to make other arguments against equipment that would, but they're not actually talk about ordering millions refute requiring weekly testing how is that that's not going to meet the steps or you make people wait lives eight hours. What day of the week they have to do that is at Sunday if you get a test your drive-through test but you will get those back for some test more than 20 g so I mean this is it, MS anytime the federal government steps in this by the way, it will just never to give up this power in the other that I'm sure it's a new kind of power grab their testing the limits if they can do. This is the limit test because the Supreme Court of think at the end of the day when you make the decision. They will be deciding when the federal government has authority or not.

Another unlimited area where they can start regulating businesses and private conduct like that so again were on this brief is filed, the parties filed to the US Supreme Court of the bath, a seal J representing the heritage foundation that's can be available for you this after the ACLJ.org huge thank you to all parts of financial supporters, 20, 21, the biggest theater history New Year's Eve. The biggest day in her history financially. ACLJ so from all of us a huge thank you will talk to ACLJ on the frontline protecting your freedoms and rights in court in Congress and in the public arena is wrong. Justice is on your side, you're already a member thanking God's well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ


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