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The Daily Signal

Is Biden’s Vaccine Mandate Legal? Constitutional Expert Explains

The Daily Signal

The Daily Signal

News, Daily News, Politics, Government

4.81.4K Ratings

🗓️ 15 September 2021

⏱️ 29 minutes

🧾️ Download transcript

Summary

After President Joe Biden finished his speech last Thursday evening announcing new COVID-19 vaccine mandates, a reporter called out, “Is this constitutional?” Biden, leaving the room, did not stop to answer.  The president’s new vaccine mandate directs the Occupational Safety and Health Administration, part of the Labor Department, to require all organizations with 100 employees or more either to test their employees weekly for COVID-19 or ensure they are vaccinated. Biden also signed an executive order requiring that all federal employees and contract workers be vaccinated.  One of the most important questions to ask is whether OSHA "has the statutory authority ... to issue a rule of this type,” Heritage Foundation legal scholar John Malcolm says.  Biden’s requirements likely will affect between 80 and 100 million Americans, some of whom now face the choice of taking a COVID-19 vaccine or losing their job.  Malcolm, who is a senior legal fellow at Heritage and directs its Meese Center for Legal and Judicial Studies, joins “The Daily Signal Podcast” to explain the constitutionality of vaccine mandates and the likelihood that litigation over a new OSHA rule will rise to the Supreme Court. (The Heritage Foundation is the parent organization of The Daily Signal.) We also cover these stories: Arizona Attorney General Mark Brnovich announces the filing of a lawsuit against the Biden administration in response to proposed vaccine mandates. Secretary of State Antony Blinken appears before the Senate Foreign Relations Committee to face questions about the hasty U.S. withdrawal from Afghanistan. Senate Democrats unveil legislation to change federal election law in response to new Republican-led election reforms in Texas and Florida. Enjoy the show! Hosted on Acast. See acast.com/privacy for more information. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

This is the Daily Signal Podcast for Wednesday, September 15th.

0:08.0

I'm Kate Trinco, and I'm Doug Blair.

0:11.0

On today's episode, Virginia Allen speaks with Heritage Legal expert John Malcolm about

0:15.6

President Joe Biden's vaccine mandate.

0:18.3

They discuss whether it's constitutional, what legal challenges it will face, and the

0:22.2

role the Supreme Court will likely play.

0:24.9

And don't forget, if you enjoy this podcast, please be sure to leave a review or a five-star

0:29.2

rating on Apple podcasts, and please encourage others to subscribe.

0:34.4

And now on to today's top news.

0:59.2

The Biden administration is unconstitutional, trying to mandate vaccines that may affect

1:10.3

hundreds of millions of Americans.

1:12.3

It's not only wrong, it's unconstitutional.

1:14.4

And as we've done on the border crisis, as we push back against federal overreach and

1:18.0

their taxes and policies, we will continue to hold the Biden administration accountable

1:23.4

and try to stop the federal overreach, because we need to protect not only Arizona, but

1:27.4

the entire United States.

1:29.2

Burnovic's lawsuit is the first targeting the administration over the controversial

1:33.6

mandates.

1:34.6

The president's mandate, if implemented, would require federal employees and private businesses

1:39.3

with more than 100 employees to get vaccinated or to take a weekly COVID test.

1:45.0

Republicans quickly criticize the order as unconstitutional.

1:48.2

Secretary of State Anthony Blinken appeared before the Senate Foreign Relations Committee

...

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