Win for Rule of Law - January 13th, Hour 1

Jay and Jordan Sekulow of the American Center for Law and Justice will join to discuss the OHSA ruling. 

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Episode Transcript

Speaker 1 (00:00):
Day number one fifty two, Hi Day one fifty two.
We will never forget stabbed in the back, abandoned by
Joe Biden after pledging not to. This is probably today
the single worst day, and they've there's not been one
good day that I can name for the Biden administration.
It is a disaster. The United States Supreme Court has

(00:25):
now blocked Biden's vaccine mandate. Linda, when he gave that
speech on this radio program, what was the first thing
I said? Immediately after he said it? You said that
there would be an onslaught of lawsuits and we should
all stand by and watch because it was going to
be my numbing correct and again, I believe the worst

(00:46):
day in the Biden presidency so far. The Supreme Court
has overturned the president's mask mandate, the vaccine mandate. The
stunning defeat came only hours after Kristen Cinema confirmed her
stance again Biden's plan to change the filibuster rules, ending
any hopes that the White House had on passing their

(01:06):
insane voting reform law. The Supreme Court six three decision,
it went exactly as we predicted it would go. What
did I say? Said, They're going to split the baby here. Anyway,
they blocked a Biden administration from enforcing these sweeping vaccine
or test requirements for large private companies of one hundred
employees or more. And by the way, the ruling came

(01:29):
three days after OSHA's emergency measures started to take effect.
So OSHA which policies, you know they tried to lean on.
They knew that they were just using OSHA. And watch
what they do next. They think they think they're gonna
be clever. They're just gonna find another little wiggle room
rule to stick it back in. Any way. But anyway,

(01:53):
the Court six three decision expressed deep skepticism about the
federal government, uh you know move in this regard um,
and the Biden administration argued before the High Court that
it was necessary to address the grave danger posed by COVID.
How about you produced testing, and you produced therapeutics and

(02:17):
anti virals. Now that we have everything's a breakthrough case. Vaccinated,
fully vaccinated, vaccinated, booster, vaccinated booster and natural immunity. People
are still getting it. Anyway, This came on the heels
of what was what twenty seven states with Republican attorneys
generals and governors and private businesses and religious groups. Uh,

(02:38):
we'll have Jay secular way in on this um coming
up moments from now. This is really a big deal. Uh.
This this this could end up as the worst day
of the Biden presidency. Remember these rules. Uh they were
they were counting on it um with vaccines to contain

(03:01):
COVID spread. Now the CDC is recommending in ninety five masks.
It changes every day. There's not one person that I
know that is supporting and listening to the likes of
doctor Fauci anymore. They're not listening, And I gotta tell
you why, because they shouldn't be listening. I don't trust
these people. There's a pull out. My buddy Sean Compton

(03:26):
sent it to me earlier today. Who do you wait
a minute, who is trusted for COVID? Who do you
trust most for COVID information? Sixty three point two five
percent say you're doctor. What have I been saying? Do
your own research, take into account your medical history, your

(03:48):
current condition, lots of research. Talk to your doctor. Doctors.
I believe in freedom, medical privacy and doctor patient confidentiality.
Then you know who do you not trust? Well, only
sixteen percent trust Joe Biden. I don't even know how
FAUCI got thirty one percent. The NCAA today updated the

(04:10):
definition of fully vaccinated now to include natural immunity. Good
for them, and on every single level, you know this
this is bad. Now let me you know, Oh one
other thing that happened today. It came out CNN's ratings.
Get this, nobody's paying attention to it. I read it

(04:32):
every day. But anyway, that has taken a ninety percent nosedive.
I've never seen this, and I'm in my twenty six
year in cable news. Now there's ups and downs and
cycles to news stories, etc. And they're you know, usually
for example, this past year, twenty twenty one was a

(04:53):
post presidential election year, so mind ratings dip, but like
twenty percent at the end of the year. And now
we're in an election season. You know, by the time
this thing heats up in March April of May, they
will go up again. Just it's predictable as the day
is long. Anyway, CNN has the biggest drop I've ever seen,

(05:16):
and I can't even believe ninety percent reduction. The RNC
today did something that I've been saying they should have
done a long time ago, and that is they are.
You know, they've been conned by this Presidential Debate Commission.
Now the RNC has finally come to their senses. They
pulled the plug on any debate participation by a candidate

(05:38):
that they support. And further, they are preparing to change
the rules to require that any presidential candidate not participate
in any debates run by the Commission on Presidential Debates.
Now why did they do that? Because they always pick
liberals to moderate the debates and that makes them unfair.

(06:00):
So good for them. They're saying, Nope, we're not. We're
not going to get suckered by you anymore. We're done.
I have some other bad news, Washington An examiner mortgage
rates have now jumped to their highest level in nearly
two years. What have I been telling you? We're going
to get four rate hikes this year? This is you know,
now we're headed to number one and it's now three
point five percent for a thirty year fixed rates, still

(06:22):
a low rate, but comparatively about Let's see a year
ago that same mortgage was two point seven nine percent.
You know what that means. That means tens of thousands
of extra dollars over the course of your loan. The
rate for a fifteen year fixed mortgage is two point
six two percent. That's also up from the preceding week.

(06:46):
Grocery store change. What do we call it empty shells
Biden or Biden's shelves, shelves, bear shells Biden. That's what
it is. By the way, now everybody's sending me pictures
or sending them a sweet baby, James to be transparent,
and I mean, you can't get anything. It's something you
were telling me in your store. You can't get anything. Yeah,

(07:09):
it's terrible. Bloomberg News. Pump prices are expected to soar.
We're now up to eighty five bucks a barrel of oil.
That's like double more than it was in the twenties
under Donald Trump. Now we're expecting it and there are
projections that we may be paying one hundred and twenty five,
one hundred and twenty five for a barrel of oil

(07:31):
where it used to be twenty two. It's ridiculous. You
know what that means for you? That means everything you
buy is going to cost more. Filling up your gas tank,
heating your home, cooling your home, everything you buy and
every store you go to. And what's Biden's answer to this?
This was in the Washington Times. They have delivered another
hit to domestic oil and gas production by reversing the

(07:54):
Trump error move to open up millions of acres of
drilling in Alaska the Bureau of Land Management and now Monday.
We didn't see it till today that it would shelve
the Trump administration's twenty twenty plan to expand leasing in
the Arctic on the National Petroleum Reserve. Rather excuse me,
in Alaska that will close off development to seven million

(08:16):
acres by reverting to the twenty thirteen management plan. So
that means he's going to beg OPEC and get rejected
by OPEC again. Then we have other horrible news. Record
high job openings and extremely low employment have not stopped
workers from losing ground due to inflation, real hourly wages.

(08:36):
You know your dollar is set work. Your dollar one
year ago from today was worth seven cents more. And
jobless claims keep jumping as Biden's Omnicron failure undermines economic
growth that came out today as data released by the
Labor Department show two hundred and thirty thousand initial jobless

(08:56):
claims for the weekending January eighth. That's up from last
week's two hundred and seven thousand claims. All of this
is preventable, and all of this, you know we could stop.
Now this is on top of now we had seven
percent inflation. Remember they said it was going to be transitory. Nope,
it rages on. And the Federal Reserve chief said the

(09:18):
same on Tuesday, called inflation a severe threat to the economy,
admits upward price pressures will persist well into the year
because the cost of everything is going up. It is
the highest rate of inflation in forty years, and it
gets worse. Wholesale prices are now soaring nine point seven

(09:40):
percent in December. We got that number today from the
Labor Department. Now that measures inflation at the wholesale level
before it reaches you, the consumer. So guests who pays
that increase, you do, in other words, ten percent more
than you were paying last year. I mean, real wage
contract are are killing everybody. This didn't happen. This was

(10:05):
caused by their insane New Green Deal, radical energy and
economic redistributional wealth policies. And you know, sick employees, you
know they're they're trying to blame the meat industry, the
trucking industry, etc. Etc. Democrats worry Biden could be pay
the political price for this inflation. He should. He's caused it.

(10:28):
You want to stop it. Start drilling here and now
and we'll all save money. It's unbelievable, you know, faar
sheel Biden, good grief. Yeah he promised U. He promised
seven million jobs by this point. Yeah, not happening on.
By the way, let's go Brandon zooms into a popular

(10:51):
campaign ad. Did you see that? Just as a side note,
So Kristen Cinema put the final nail on the coffin
of the one time you so the filibuster for this
insane voting rights bill. She says, there's no meat need
for me to restate my longstanding support for the sixty
vote threshold to pass legislation. She said this one day
after Biden announced his support for changing the filibuster rule

(11:14):
to pass voting bills. It is the view I continue
to hold, So, Kristen Cinema deals Joe Biden's presidency. You
know that. Now, Check that power grab off the list.
Check the build back better madness off the list, you know,
check the Court packing off the list. That's not going
to happen either, because they need a change in the

(11:35):
filibuster for that too. So pretty much everything that on
the agenda is now back to zero. New poll shows
voter oppose Biden's pushed to overturn the filibuster by two
to one. Not good news for Joe Biden today on
any level. The RNC is warning against democratic election reform,

(11:56):
freedom to cheat, will eviscerate voter id laws, and Schumer
apparently not where what's going on today. You know, he's
preparing Democrats, you know, for the final phase of this
year long push. It's not going to happen, thank god.
And I gotta give credit to Kristen Cinema and Joe
Mansion and I'll tell you what they're doing is they're

(12:17):
representing the people in their states. Mark Kelly's not doing
it out there in Arizona, and I think he's probably
gonna lose to Bernovic, I hope. So anyway, big blow
to Joe Biden on every front today is the Supreme Court,
as we predicted in a sixty three majority, gets rid

(12:39):
of the vaccine mandate. That's good news for businesses around
the country. Interest rates going. I mean, this is a
disastrous day for the Democrats. Mansion and Cinema are no
on changing and altering the filibuster. The RNC warned about this,
everybody's warmed about this. Chuck cems to not face reality.

(13:01):
I thought one of the best moments I've ever seen
in Congress was Senator Tom Cotton read Chuck Schumer's speech
and then put up a big picture of him. I mean,
it was absolutely hilarious. Honestly, Sean, can I chime in
for a second? That picture when he pointed at it
and he was like, tuta. I literally I was like,
I love this man. It was hilarious. It was so funny. Anyway,

(13:26):
So all of this and then you look at the
economic news. Mortgage rates now shoot up to the highest
level in two years. We got, you know, empty grocery
stores everywhere, bear shelves. Biden, you got pump prices expected
to go up dramatically again this summer. We're looking at
predictions now of one hundred and twenty five bucks a

(13:48):
barrel of oil. We're near one hundred dollars a barrel now,
you know. And then what does Biden dow? He escalates
his war on the end on energy production. Then we
get the labor departments saying real wages plunged in December.
The dollar that you had last year is worth seven
cents less this year. At the same time, jobless claims

(14:10):
are up on top of that. This is all on
top of inflation seven percent of forty year record, forty
year record. What are you gonna blame Donald Trump for
this too, just like you blame Donald Trump for running
out of tests leading into the holidays when you know
you're gonna have a surge of COVID cases. Then the

(14:31):
Producer Price Index nine point seven percent of December. You
know what that is? That measures inflation at the wholesale
level before it reaches you the consumer. That means you're screwed.
You know. It's the average family now is because of Biden,
inflation is now paying five grand more per year. That's
how much it's costing us. And it's who's it disproportionally impacting,

(14:55):
not the rich but the poor in the middle class
in this country. Unbelieve we didn't have these problems under
Donald Trump. Did we? We'll get a full complete analysis.
Jay Sekulo, how many what many Supreme Court cases did
Jay win himself like twenty anyway, very familiar with the court,
and in a private conversation he predicted it accurately. What

(15:18):
would happen anyway? That's coming up next to a lot
more and Paul Manafort straight ahead, I twenty five to
the top of the hour. We're gonna you gotta hear
this interview with Kamala Harris. It was an unmitigated failure
and a disaster. By the way, she said, if you
need to find a COVID test, google google it. She
doubled down on stupid and said, I will not absolve

(15:41):
senators for voting against voting right spill. Oh okay, did
they need your absolution on changing COVID strategy. It's time
for us to do what we've been doing, running out
of tests and monoclonal lantibodies and anti viral medicines. Oh okay,
that's that's a great idea. But five hundred million tests

(16:03):
are being sent out next next week, A little like, guys,
you missed the Christmas the predictable Christmas increase in cases
because you decided, according to Vanity Fair in October, to
reject the plan to have seven hundred and thirty two
million tests a month. The big news of the day
is what I just told you. The Supreme Court blocked

(16:24):
the Biden administration their vaccine mandate, and this came only
days after the Occupational Safety and Health Administration's emergency measure
started to take effect. You know, I'm always cautious when
you listen to oral arguments of the Supreme Court, but
it was pretty clear in the questioning that, in fact,

(16:45):
the conservative justices on the Court, or moderate to conservative anyway,
we're very dubious of using OSHA. It was John Roberts,
the Chief Justice, who made the point that, yeah, I
don't think OSHA had this in mind when they put
this when they were formed fifty sixty years ago, whatever

(17:07):
it was. Anyway, this was the result of a whole
slew of lawsuits, as I predicted the day that Biden
gave his vaccine mandate speech, over twenty seven states, Republican attorneys, generals, governors,
private businesses, religious groups, national industry groups such as the
National Retail Federation, the American Trucking Association, the National Federation

(17:29):
of Independent Businesses. Anyway, from the acl J, we have
our friends Jay Seculo and his son Jordan Secular, both attorneys,
Jay is one. I think how many Supreme Court cases
have you won? Well you got to get because of today. Yeah,
in the cases, one would be twenty one. Yeah one,

(17:51):
I get why I got it right now. By the way,
full disclosure, Jay Seculo has been my lead attorney now
for many many years. Full disclosure for everybody. All right, Jay,
you predict We've been talking about this this week. You
predicted exactly what would happen now they did. Just for
clarity as it relates to the other states. I'm sorry.

(18:14):
If you get moneies from medicaid or from medicare, they
that is not included in this stay go ahead, right.
So let there's two cases that were two issues that
were involved, and they were two separate cases. The case
we represented that the ahlj American cerfal Injustice represented the
Heritage Foundation and was a challenge to what's called the

(18:37):
employee employer mandate. That is, if you have more than
one hundred employees, you had to either require your employees
to be vaccinated were tested weekly. And of course the
problem with that was the testing wasn't available. But there
was another problem, and this was the problem that we argued.
We didn't get into the weeds on the science and
all of that. I've said before, I'm pro vacs, I've
been vaccinated, I've been boosted. What we got into was

(18:58):
does the government have the authority to do this through
the Occupational Shafety and Health Administration? In other words, is
their statutory authority for them to do this? And six
justices of the Supreme Court specifically said no. Jordan has
a lot of the language that they actually utilize where
the Court said the statutory authority doesn't exist. Yannik Shot,

(19:20):
I mean what's clear for people is that the Court
sees COVID exactly how we all see it. It's a
danger we all face in every aspect of our life.
We face it at home, our kids go to school,
we go out to get groceries, We've got to live
and yes, part of that is going to work, but
it's not workplace specific. And that's what the Supreme Court

(19:40):
focused on. If we allow OSHA to have this kind
of power and claim this an emergency way, which means
they don't have to go through the normal rulemaking process,
their power comes to no end. They have endless authority
to regulate what is all right. But let me ask
both of you something. You're right, and you're right on
the law, and our arguments were dead on accurate, and

(20:02):
I understand how they split the baby, so to speak,
and the decision so to speak. They allowed similar requirements
to stand for medical facilities that take Medicare and Medicaid
payments because it's directly impactful to those specific hospitals. Now
my question is this the cynical side of me? And

(20:25):
I'm Jordan will give you first crack of this tells
me that, oh, okay, they're just going to push aside
OSHA and find some other means or loophole if you will,
to thread the needle and try and bypass Congress and
do it the right way. Am I wrong? I don't
think that for the majority of the American workforce, if

(20:47):
you take this nine page opinion which allows the state
to go back into effect, there's no wiggle room. So
there's not a way around going through a normal workplace,
so they stay. Hey, listen, if OSHA came and said
this is a specific issue, we see and meat packing plans,
We're going to go through the rule making process and
allow comments from the meat packing industry to allow them
to weigh in and see and then issue a rule.

(21:09):
That's one thing, we're not going to allow what they
call a blunt instrument approach. That's what they called this mandate,
a blunt instrument approach to public health, which is not
outside of OSHA. So they again you could come see
different ways. What the Court really wanted to prevent here, Shad,
was the opportunity for the federal government to regulate every
aspect of our life. And that's what this would have

(21:30):
opened up the door for OSHA to do. And Sean,
the Court said, specifically, under the law as it stands today,
and they're talking about Supreme Court President statutory construction, the
power rests with the States and congrets, not with OSHA.
And that was, in other words, that the Occupational Shaping
Health Administration never had the authority. So this was their
work around. That work around, as Chief Justice Roberts asked

(21:53):
multiple times during that role, argument was closed today and
it was the right decision for three reasons. Primarily, number one,
there was a complete lack of statutory authority. Number two,
the federal government itself has recognized that this is COVID
is not going to be solved by the federal government,
but rather by the States. That was President Biden who

(22:13):
said that himself on a call with governors, who are
the ones who have to recognize and deal with us.
And Third, and I think it's I called it the
doctrine of legal impossibility. It was not possible for individuals
to comply with the testing mandate when doctor Fauci himself
as well as the CDC said we do not have
adequate testing, so the testing option was no option at all.

(22:35):
So when you put all of that together, the court
says this the Act plainly authorizes. The question is whether
the Act plainly authorizes the Secretary's mandate is what the
Court said it does not. That Act empowers set the
Secretary to set, as Jordan said, workplace safety standards, not
broad public health measures. So this is a big one. Now,

(22:58):
this has not been a good day for the Biden
administration on any level. Mortgage rates shooting up to the
highest level that we've had in two years. Grocery stores
are really struggling, lots of empty shelves all over the country,
and food supply shortages. We now have oil headed towards
one hundred dollars a barrel, which means that the price

(23:19):
of a gallon of gasoline is going to go up dramatically,
and the cost to heat your home in the winter
and cool it in the summer is going to cost more.
Every item we buy it every store is going to
cost more. Biden's answer to this is he put even
more restrictions on energy production. In Alaska, real wages plunged.

(23:40):
In December, we had a record forty year record on inflation.
The very same dollar we have in our pocket today
is worth seven cents less than it was at this
time last year. Producer prices they went up nine point
seven percent that came out today, and that's measures inflation

(24:02):
on the wholesale level before it reaches we the consumer.
The average family now, as a result of all of
this inflation because of Biden's policies, that's costing about the
average family over five thousand dollars a year. I think
there's going to be a big political price. And Kristen
Cinema could not have been any more clear that, in fact,
she's not going to support this one time use of

(24:25):
the filibuster to get their voting rights built past. I
would say this is a disastrous day politically for Joe Biden,
probably the worst day of his presidency. Jay Sekuloah, look,
I did they've had a bad day. I mean, Cinema
was very clear, and when we talked about this on
our broadcast today too, I mean there's no question that
they were. They're putting a lot of pressure on Cinema, Kelly,

(24:48):
also on Mansion and Tester. But you know, we have
a theory about this, and seanwell, we're optimistic right now.
Jordan is very concerned and has been concerned that they
will try to do workarounds congressionally on this with specific
like they were going to do here where they were
going to use what's called shelf a shell they were
going to strip an existing bill of its language and

(25:08):
stick all this in. Yeah, so we our guards us
to be up because they're going to constantly try and
use any avenue of the federal government. The bureaucracy is
on their side to gain power. So if they can't
do it legislatively, which it looks like that's a real
trouble for them. Now they're going to put all the
pressure back on Biden to say, issue executive orders and
then we'll go defend them in court. So we'll see

(25:30):
how much we can put pressure on and you talked
about the employment and all these numbers. This mandate was
directly related to that. But I actually like what the
Supreme Court did in the right way. They actually set
the end of this opinion. It's not our job to
look at that policy. We're not policymakers, So don't come
to us with the argument over what it costs, but
also what it's going to do to COVID. That's not
our role. It's whether or not the government had the authority,

(25:53):
whether this specific agency had the authority. And so it
just shows the Biden team like him getting up there,
which was the opening of our brief saying this is
not going to be solved by the federal government. That
has to be sold by the states. They are not
on message. That does hurt them in court. The greatest
evidence that they will try a work around, and there
is evidence and precedence for this. Remember when they were

(26:15):
trying to do their Build Back Better New Green Deal socialism,
they tried it on four or five separate occasions to
stick amnesty into the bill, only to be rejected every
time by the Senate parliamentarian because they were using the
reconciliation process. Jay, Yes, and that's why we're saying while
we're pleased with what Senator Cinema said and what Joe

(26:37):
Mansion has indicated, although he's got his own version of
this bill. So you've got to watch out for that.
We've got to keep our guards up. Now. I think
that what Jordan says right, what they'll do is they'll
they failed in court today, the Supreme Court in the
United States in a big way. They're going to fail.
It looks like on there, you know, breaking the filibuster.
It looks like it's going to fail. Watch out. Buckle
up for executive action, and we know what that can mean.

(27:01):
I mean, they can do a lot of executive orders,
can do a lot of things. They Look, this thing
was an emergency ets that was the basis of this
Supreme Court case. There was never a formal action, there
was no notice in comment from Occupational Health and Safety
Administration from OSHA. They just did it through executive fiat.
So I think we've got to be cautious and maintaining
keep our guard up. But look, this was a good

(27:24):
day for freedom. It was a good day for the constitution.
Both what happened with what Senator Cinema said and what
the Supreme Court did today. It was a good day
for statutory construction. The basic kind of fundamental aspect of
statutory analysis. Does the agency have the authority? Quote? It
does not. That's and by the way, in our brief

(27:46):
we basically took twenty pages to say it does not.
We did not get into the science. We thought that
was a big mistake and I thought that was a
problem in the oral arguments. Honestly, it got everybody into
other areas. In fact, that the first half hour of
the argument where everybody thought we thought we were gonna
lose because I got so tied up in the side.
It was a disaster. You're right. And by the way,

(28:06):
I don't mean to pick on poor Justice Soto Mayor
and Justice Prior, but neither one of them seem to
have a clue about science and COVID. The statement by
Justice Prior we just had another seven hundred and fifty
million cases and Justice Soto Mayora saying, oh, one hundred
thousand children, and now you know struggling with this, and

(28:27):
I'm like, okay, why are you not a to speed
on this? Why would we even discussing it? I mean,
that's a that's a better question for them is listen,
it does either the Constitution. But if you don't have
to go to the Constitution, you go to the statute first.
It's called Constitutional board and doctrine. If you could decide
it on the statute, decide on the statute. Why is
it that they just did? Everybody, including the justices, just

(28:50):
stick with the question. Is the statutory authority not in?
Where does it rest? And that answered the question and
answered in a six to three way, which, by the
way tells you something else. Elections for president matter because
I could think maybe four years ago it may not
have come out this way. I think that's a good
point anyway. Jay Seculo and Jordan Seculo, thank you both
for being with us. The American Center for Law Injustice

(29:11):
the a CLJ. Go to their website if you want
to see their arguments. They represented the Heritage Foundation and
put their brief in as well. All right, big dues. Today,
Kristen Cinema deals a blow to the end of the
filibuster and the Supreme Court decision that we were just
discussing at length. Yes, the Supreme Court six three blocks

(29:37):
the Biden vaccine mandate for businesses, and we'll have full
coverage of that coming up later in the program when
we come back. By the way, we've got updates on
proactive medicine for COVID and Paul Maniport. Oh, I have
another minute. Yeah, you need to fix your potato clock. Well,
I'm sorry, I didn't know I had another minute. Anyway,

(29:58):
back to the cinema issue. So for all the focus
on Joe Mansion, it looks like it's Kristen Cinema that
drove the final nail into Joe Biden's dream. Now, one
thing that Jordan and Jay were both saying that they're
going to find a work around, a sneaky backdoor way,
you know, to try and get all of this done.
And this is where we all have to be vigilant

(30:21):
because now that they don't have build back better thanks
to Joe Mansion, they're not going to get this insane
Let's get rid of voter ID voting rights bill passed
because they don't have enough votes that will blow up
the filibuster. And she said she will not support separate
actions that worsen the underlying division, the disease of division.

(30:44):
And there's no reason for me to restate my views
because I tell you every day