President Biden shouts at the unvaccinated, slanders Republican governors, and announces a federal vaccine mandate without any legal authority.
I'm Ben Shapiro.
This is the Ben Shapiro Show.
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We'll get to all the news in just one moment.
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Okay, let's be real about this.
Joe Biden is a failed president.
He's a failed president.
He failed in Afghanistan, and he blames everybody else.
He has failed on the economy, and he blames everybody else.
And he has failed on COVID, and so he blames everybody else.
And what this necessitates is Joe Biden making policy moves that are unlikely to result in any sort of serious improvement for the American people, but are simply designed to shift blame away from himself.
So just like the Americans stuck in Afghanistan eventually said the administration are there because they want to be there.
It's their fault that they are stuck there, not our fault for running the worst Nope.
It's really not about that.
It's about the Americans stuck there.
It's their fault.
In the same way, Joe Biden's failure to prevent the vaccine mandates and the mask mandates from being promulgated in blue areas and therefore shutting down the economy, his unwillingness to recognize when we have reached the end of a pandemic and it has now just become endemic, His failures there have now necessitated that he take this extremely harsh action that is unlikely to ever be implemented because, frankly, no one is going to comply.
So, we'll get into the policy of this in just one second, and why I say that this thing is never going to be implemented on a wide scale, why it is likely to be struck down, why it's almost unenforceable, even were it not to be struck down.
But, Last night, Joe Biden made the most authoritarian move that I have seen in the last 10, 15, 20 years of American politics.
I'm having a hard time pegging it exactly because we've seen authoritarian moves before.
Very often, it turns out, Democratic presidents have a bad habit of saying, I don't have the power to do X. And then five seconds later, they just do it.
So you remember Barack Obama said over and over and over, I don't have the power to simply stop enforcing immigration law.
And then he just did it.
And you'll remember that Joe Biden said, I don't have the power to issue an eviction moratorium via the Centers for Disease Control.
And then he just did it.
Well, you'll recall that this administration has over and over and over said they do not have the power to issue any sort of a vaccine mandate.
Here's Joe Biden back in December of last year saying he didn't agree with the idea of a federal vaccine mandate.
This was after the election.
No, I don't think it should be mandatory.
I wouldn't demand to be mandatory, but I would do everything in my power, just like I don't think masks have to be made mandatory nationwide.
I'll do everything in my power as President of the United States to encourage people to do the right thing, and when they do it, demonstrate that it matters.
Okay, so that was back in December.
And then in July, his own press secretary, Jen Psaki, said, don't worry, there's not gonna be a federal vaccine mandate.
We're not even thinking about that.
Liars, liars, liars.
Because again, as soon as things got bad, it was time for Joe Biden to shift blame.
And again, that's what this policy is really about.
His entire policy here is about shifting blame from himself and his failures of policy to the unvaccinated.
So here is Jen Psaki back in July saying no vaccine mandate.
Perhaps the federal government should step in and issue mandates, and if not, are you putting the needs of unvaccinated people ahead of the needs of vaccinated people?
Well, I think the question here, one, that's not the role of the federal government.
That is the role that institutions, private sector entities, and others may take.
That certainly is appropriate.
That literally is not the role of the federal government, says Jen Psaki.
Well, until yesterday, at which point the Biden administration, seeking to shift blame away from Afghanistan and focus away from Afghanistan, and seeking to shift blame away from the economic stagnation, shifted away from the administration, decided the people you really should hate are your fellow Americans.
Those are the people you should hate.
The unvaccinated who live next door to you.
Those are the people you should hate.
This brings me back to a point that I've made one million times at this point.
The worried in America, the people who are deeply worried about COVID at this point, are almost entirely the vaccinated.
Which is insane.
Once you're vaccinated, you should not be worried about whether your neighbor is unvaccinated.
It makes no difference to you.
This notion that you should be walking around in abject fear because your neighbor is unvaccinated is totally crazy.
It is unmoored from scientific reality.
First of all, the vaccinated are capable of infecting other people.
Second of all, once you're vaccinated, your chances of hospitalization or death are extraordinarily low because, again, the vaccines are incredibly effective.
You want to make people hesitant about the vaccine?
Keep telling them that even after you're vaccinated, the unvaccinated might infect you and you might die.
It's a completely mixed, confused message.
But again, it is not about consistency.
It is not about efficacy.
It is not about actually achieving more vaccines.
All this is is about shifting blame away from Joe Biden being a failure of a president.
The economic stagnation that we are seeing is not, in fact, the result of the Delta variant.
The economic stagnation that we are seeing is a pure result of bad policy being made in blue states and by the federal government.
It's about the media scaring the living hell out of people so they don't want to go to stores.
It's about people in blue states saying you can't go back to work because even if you're vaccinated, you might get sick again.
There is a reason I keep repeating this because it's true.
There is a reason that all of the best states in America in terms of unemployment rate are red and all of the worst states in America in terms of unemployment rate are blue.
There is a reason for that.
It is because a huge swath of this country has been completely disconnected from the reality of the science.
Disconnected from the reality of the statistics.
And so Joe Biden is now saying, you need to blame your neighbor.
Don't blame me for the lockdowns.
Don't blame me for the mandates.
Blame your neighbor.
It's their fault that I'm doing this.
Or maybe it's your fault for doing it.
Maybe it's your fault for doing it.
You can see the blame shifting in real time.
It's ugly and it is un-American.
It's un-American to say, I have to take this policy against you because your fellow Americans are doing something bad.
So now I'm taking this policy and I'm doing it against all of you.
And you should hate your neighbor, right?
It's the full metal jacket style governance, right?
Somebody in your barracks didn't do the proper thing.
So now all of you have to do pushups.
And later you can go over to that guy and put some soap in a bed sheet and beat the living hell out of him.
That is Joe Biden's style of governance.
It is, in fact, un-American.
And it's evidence that he is a failure as both a president and as a decent human being with the kind of power that he's attempting to wield.
In one second, we'll get to Joe Biden's ridiculous and horrifying speech.
Frankly, the stuff that he was saying yesterday.
Is there a low for Biden?
There is no floor.
There really is not.
I thought that the worst speech that I'd heard was the speech that he gave like last week upon the withdrawal from Afghanistan, where he championed himself and pat himself on the back while hundreds of Americans were still stuck behind enemy lines.
Fast forward one week, and now he's calling his fellow Americans, treating them as his subjects.
They're not citizens anymore.
They are just the people that he gets to order around.
And if they don't do what he says, he will force them to do what he says.
It is dictatorial, authoritarian stuff.
It really is amazing.
We'll get to that in just one second.
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Alrighty, so last night, Joe Biden wanders out to the microphone about five o'clock in the afternoon, because again he has to make that early bird special over at Denny's.
And he proceeds to yell at you.
It's Grandpa Simpson yelling at the clouds.
He's going to yell at you if you're unvaccinated.
And you know what?
He's going to yell at you if you're vaccinated, too.
Because the fact is, if you were just madder at your neighbor, if you were more angry at the person who lives next door to you, then that would fix the country.
So he starts off by talking about how frustrated he is with the people who are still not vaccinated.
Right?
Again, this is a free country.
Or it used to be.
I'm not angry at the people who aren't vaccinated.
I'm not.
Again, I am very pro-vaccine.
I've told everybody in my office I think they ought to get the vaccine.
Many of them didn't listen.
That is their business.
That doesn't make me angry because I'm not a tyrant.
Joe Biden is a tyrant.
So it makes him super angry when people don't listen to him and the people that it impacts are the people who didn't listen to him.
Again, this would be one thing if the unvaccinated were actually posing a danger to the people who are vaccinated.
They are not.
But that mixed message was completely elided here, because again, this is not about anything other than Joe Biden is a damned coward who wants to shift the blame for his own failures onto the backs of other Americans.
So here he is.
Many of us are frustrated with the nearly 80 million Americans who are still not vaccinated, even though the vaccine is safe, effective, and free.
Okay, how about the Americans who have natural immunity?
There are studies after studies showing that natural immunity is more durable than vaccine immunity.
And yet there are no provisions in Joe Biden's proposed rule for people who have antibodies, for people who already have natural immunity.
None, because this isn't about science.
It's about yelling at people.
He continues along these lines.
He just kept hammering this over and over.
If you're unvaccinated, it's your fault I'm doing this.
It's your fault that I'm hurting everybody.
It's not my fault I'm hurting you.
It's your fault that I'm hurting you.
Here's Joe Biden.
The vast majority of Americans are doing the right thing.
Nearly three quarters of the eligible have gotten at least one shot.
But one quarter has not gotten any.
That's nearly 80 million Americans not vaccinated.
And a country as large as ours, that's 25% minority.
That 25% can cause a lot of damage, and they are.
To whom?
To whom?
To the 25%, right?
Which Joe Biden freely admits.
This is how you know that he's a dishonest, lying sack of... This is how you know it.
Because when he says that they're causing a lot of damage, again, the rule of externalities, which is where government very often comes into play, is I can wave my fist around until it hits you in the face.
That is the general rule of externalities.
But what Joe Biden is now saying is that he gets to intervene if I wave my fist around and it hits me in the face.
If you're unvaccinated, you are not a danger to the vaccinated.
You know who knows this?
Joe Biden, who said it last night.
I want to emphasize that the vaccines provide very strong protection from severe illness from COVID-19.
I know there's a lot of confusion and misinformation, but the world's leading scientists confirm that if you are fully vaccinated, your risk of severe illness from COVID-19 is very low.
In fact, based on available data from the summer, Only one out of every 160,000 fully vaccinated Americans was hospitalized for COVID per day.
So what the hell are you trying to yell at people for?
I don't understand.
I'm vaccinated.
Again, I do not give... You can ask the people in my office.
As soon as I was two weeks out from my final vaccination, I came into the office and people had been masking up, right?
Many of the people in the office had been masking because I was concerned about me getting it and transmitting to my parents who are 65.
I wasn't particularly worried about me getting sick, but I was worried about transmitting to my parents.
And then I came in and people said, you know, do you want us to wear the mask?
I said, first of all, like, I never told you you had to wear the mask, but if you want to take it off, I really don't care now.
Like, I really don't care because it doesn't matter to me.
Joe Biden is saying it shouldn't matter to you.
Once you are vaccinated, you are safe.
You should still be angry at the unvaccinated.
Right?
And he just continues along these lines.
It makes no sense.
Here he is saying another incoherent, nonsensical thing.
The vast majority of you who've gotten vaccinated, I understand your anger at those who haven't gotten vaccinated.
I understand the anxiety about getting a breakthrough case.
But as the science makes clear, if you're fully vaccinated, you're highly protected from severe illness.
Even if you get COVID-19.
In fact, recent data indicates there is only one confirmed positive case per 5,000 fully vaccinated Americans per day.
You're as safe as possible.
We're doing everything we can to keep it that way.
Keep it that way.
Keep you safe.
Okay, so this old man is telling you that you're safe once you're vaccinated.
But then he says this.
He says, now you're not safe.
So on the one hand, you're safe because you got vaccinated.
On the other hand, you're unsafe.
Now, let me ask, why is he saying you're unsafe?
The reason he's saying you're unsafe is because he wants the lockdowns.
He wants the mandates.
He wants those things so he can justify his failed economic policies, so he can justify a turn away from your focus on Afghanistan, and so that he can justify you being angry, not at him, but at somebody else.
Be mad at anybody, just not Joe Biden.
This is the Biden doctrine in a nutshell.
Be angry at everybody except for Joe Biden.
Let's get to more of this cowardice in just one second.
First, let us talk about the fact that there are still 10 million open jobs in the United States.
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Okay, so...
He says you're safe, right?
You're safe from COVID.
But then he says you're not safe from COVID.
So you're safe, but not so safe.
You're super safe, guys.
The vaccine is great, and it works fantastic.
Also, you're deeply unsafe from your colleagues, which is why we have to restrict all of you.
It's why we have to restrict them.
They're the bad guys, right?
We have to make sure that you don't work as a vaccinated person next to an unvaccinated person.
Here's Joe Biden saying incoherent nonsense as per his usual routine.
The bottom line, we're going to protect vaccinated workers from unvaccinated coworkers.
We're going to reduce the spread of COVID-19 by increasing the share of the workforce that is vaccinated in businesses all across America.
He just said, if you're vaccinated, you're safe.
Now he's saying if you're vaccinated, you have to be protected from your unvaccinated co-workers.
Again, this is about yelling at people who are not Joe Biden.
And then he continues to just berate unvaccinated Americans.
By the way, if you want to get unvaccinated Americans to vaccinate, you know what you don't do?
You don't get on TV and yell at them about how dumb they are.
You try to convince them.
You try to actually work with them.
You try to get them to go see a doctor who's going to tell them.
You say, listen, you're an individual.
Go to your doctor and ask what's best for you and let the doctor do the work.
Things that you can do to convince unvaccinated Americans to get vaccinated.
And then there's going to be a hardcore of people who don't want to get vaccinated, and that's their choice.
That is their prerogative.
Because as Joe Biden says, if you are vaccinated, you are safe.
If you are vaccinated, you are safe.
That is what the science says.
But now we're going to implement policies based on the precise reverse, that if you're vaccinated, you're somehow not safe.
So again, he's just going to yell more at the unvaccinated.
It's unreal.
My message to unvaccinated Americans is this.
What more is there to wait for?
What more do you need to see?
We've made vaccinations free, safe, and convenient.
The vaccine has FDA approval.
Over 200 million Americans have gotten at least one shot.
We've been patient, but our patience is wearing thin, and your refusal has cost all of us.
No, it hasn't.
It has not.
It has cost the other unvaccinated.
Your refusal has not.
I live in Florida.
You know what the unvaccinated's refusal has cost me?
Nothing.
Nothing.
It hasn't cost me except for some dictatorial idiots in the bureaucracy who insist that we mask kids for no apparent data reason.
Or some idiotic bureaucratic Ninnies who think that they get to mandate that you can't go into a business or something.
And that's their choice.
OK, that is that is the choice of the bureaucracy.
If you don't like the rules coming from the bureaucrats, that's the fault of the bureaucrats.
That is not the fault of the people who live next door to you who don't think like you do about the vaccine.
I keep coming back to this.
It is such cowardice.
It's unbelievable cowardice here from the President of the United States.
And then he continues along these lines and he decides he's going to yell at elected officials, right?
He's going to say, it's not just the unvaccinated.
That's not the biggest problem.
The biggest problem is also that we have governors.
Governors who are not pushing vaccinations.
Now, I have a question.
Which governor isn't pushing vaccinations?
Can you name a single one?
Ron DeSantis has been pushing vaccinations since day one.
In fact, there's a 60 Minutes article, a 60 Minutes story, about how terrible Ron DeSantis was, such a terrible human being, for vaccinating the elderly first and getting publics to disseminate the vaccine.
So, Republican governors, Abbott, Lee, Noem, DeSantis, they've all been pushing the vaccine.
They've all been saying that you should get the vaccine.
Okay, so it is not about Republican governors not saying you should get the vaccine.
Every single one has pushed the vaccine so far as I am aware.
It is about the fact that they are not mandating masks.
It's about the fact that they still want you to be able to live your life, which is why their states are doing better, economically speaking, than blue states that Joe Biden agrees with.
So on the one hand, he is saying, if you're vaccinated, you're safe.
And if you're unvaccinated, the pandemic applies to you.
On the other hand, he is saying, damn it, these stupid red state governors and their unwillingness to protect the unvaccinated from the other unvaccinated through mask mandates and from the vaccinated through mask mandates.
He can't have it both ways, but he is wanting to have it both ways.
So here he is yelling at governors.
What makes it incredibly more frustrating is we have the tools to combat COVID-19.
And a distinct minority of Americans, supported by a distinct minority of elected officials, are keeping us from turning the corner.
These pandemic politics, as I referred to, are making people sick, causing unvaccinated people to die.
We cannot allow these actions to stand in the way of protecting the large majority of Americans who have done their part.
I want to get back to life as normal.
This is Orwellian bulls**t.
It's unbelievable.
He said, OK, so he is saying that if you don't put down a mask mandate, you are causing unvaccinated people to die.
No, you are not.
The unvaccinated, according to Joe Biden himself, one second ago, within the last second, according to Joe Biden, the unvaccinated are causing the unvaccinated to die by not vaccinating.
Mandating masks isn't causing or failure to mandate masks is not causing the unvaccinated to die.
The unvaccinated not vaccinating is causing the unvaccinated to die.
And when he says, we can't allow these actions to stand in the way of protecting the majority of Americans who've done their part and want to get back to life as normal, I've been back to life as normal since day that I got vaccinated.
So have my parents.
So has everybody else vaccinated who is not out of their damned mind.
The minute you got vaccinated, you were good to go.
But according- Joe Biden says that!
He says it!
And then he's still like, no, no, no.
In order to prevent my authoritarian mandates, we have to go after these unvaccinated people.
It's their fault I'm doing this to you.
Joe Biden is now the seven-year-old kid with the four-year-old little brother, taking the four-year-old's hand, smacking the four-year-old in the face and going, why are you hitting yourself?
Why are you hitting yourself?
That is who the President of the United States is.
He is hitting you.
This is his stupid policy.
It makes no sense.
And then he continues along these lines, going after other elected officials.
To make matters worse, there are elected officials actively working to undermine the fight against COVID-19.
Instead of encouraging people to get vaccinated and mask up, they're ordering mobile morgues for the unvaccinated dying from COVID in their communities.
This is totally unacceptable.
Who is the governor who is not urging people to get vaccinated?
Notice how he slipped in and mask up?
But again, why should the vaccinated mask up to protect the unvaccinated who have made the choice not to get vaccinated?
We'll get to his policy in a second because his policy is utterly, again, disconnected from constitutional reality or from enumerated powers.
Basically, we now live under the auspices of an administrative blob that can do whatever the hell it wants to you at any time based on vague authorities granted to it by a cowardly Congress over the course of the last 50 years.
That's what we live under.
We live under the dictatorship of the bureaucracy.
The paper pushers run the country at the behest of old, senile men yelling at you.
We'll get to more of this in one second.
It's outrageous.
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Head on over to policygenius.com slash ShapiroHome to get started right this very instant policy genius when it comes to insurance it's nice and quite important to get it right okay finally we get to joe biden's policies so up till now we've just been talking about his approach his approach is simultaneously if you're vaccinated you're safe but also you're super unsafe from the unvaccinated also governors who urge you to get vaccinated are bad because they also didn't urge you to mask because we have to protect the unvaccinated from the vaccinated even though what we're actually trying to do is get the unvaccinated vaccinated This is his approach.
And by the way, all the policies that I am cramming down on you are the fault of your fellow Americans, not my fault.
That is what the President of the United States, this doddering fool, is saying to you.
Then we get to the actual policy.
And the policy is not only nonsensical, it completely runs roughshod over the constitutional division between the federal government and the state.
So let's be clear about this.
States do have enormous power in the area of public health.
The federal government does not.
The reason the federal government does not is because, typically speaking, the founding fathers did not want to give a giant overarching public health bureaucracy the ability to mandate things on millions of Americans.
The notion that the federal government could, using an administrative bureaucracy without any congressional action, simply cram down on some 100 million Americans working at companies that have over 100 employees, a mandate that they either get tested every week or get vaccinated or get fired, and the threat to fine every company 14 grand for every violation, which is the threat to bankrupt every major company or midsize to major company in the United States.
You know, that is the notion you could do that without any sort of congressional approval.
Let alone any sort of constitutional edifice to support this on.
It just demonstrates that the administrative bureaucracy really runs the country and that our country is no longer run by elected officials.
Basically, you have a dictator who sits at the top of the executive branch and he tells his lawyers to go find some excuse in some vaguely worded enabling document for a three letter bureaucracy or four letter bureaucracy.
And just go do what I want.
That's the way government is now run.
We elect our dictator once every four years, and then he just tells the entrenched bureaucracy to go find an excuse for him to do whatever the hell he wants.
And then we wait for the courts to maybe save us or maybe not.
Okay, so, Joe Biden begins his announcement of what these vaccine policies are going to look like, and we're going to go through the details of his vaccine policies in just one second.
He begins it by saying this isn't about freedom of personal choice.
Yes, it is.
Yes it is.
It would not be about freedom of personal choice if you were talking about externalities to other people who had no capacity to protect themselves.
Right?
I'm not allowed to pollute a river and then say that that is freedom of personal choice because other people drink from the river.
I am allowed to say I do not wish to protect myself from this thing for whatever reason so long as it is not affecting you.
That's the whole point.
Once the vaccinations are in place, it is not affecting anybody who wants to be protected.
But here is Joe Biden denying it's about freedom or personal choice, because again, he gets to tell you what freedom or personal choice constitute.
Freedom is what he says it is.
Personal choice is what he says it is.
Me running my business the way I see fit and allowing my employees to live the way they see fit.
That is not freedom.
Freedom is him telling us what to do.
Freedom extends just as far as Joe Biden's grasp.
Here is Joe Biden on this particular topic.
This is not about freedom or personal choice.
It's about protecting yourself and those around you, the people you work with, the people you care about, the people you love.
My job as president is to protect all Americans.
So tonight, I'm announcing that the Department of Labor is developing an emergency rule to require all employers with 100 or more employees That together employ over 80 million workers to ensure their workforces are fully vaccinated or show a negative test at least once a week.
Okay, so his policy is now that via the Department of Labor and OSHA, via a four-letter bureaucracy, they are going to tell every major business in the United States That you need to either force your workers to get vaccinated or force them to show a negative test at least once a week.
Right?
This is this is his proposal.
Now, how exactly is this going to be implemented?
Nobody knows.
He doesn't make any of this clear.
And in fact, members of the media are asking about it.
First of all, there are, as we'll see in a second, there are a bunch of exceptions to his rule.
It turns out that if you're a special, meaning if you work for the federal government and you have a union, then you're protected.
But if you're a private business owner, he is going to screw you beyond imagining.
He's threatening, again, a $14,000 fine for every person who is not forced to comply with the vaccine or testing regimen.
So we have like 200 employees at Daily Wire.
Let's say 100 of them are vaccinated and 100 aren't.
So according to Joe Biden, if we at Daily Wire refuse to test these people once a week and show negative tests or force them to get vaccinated, then every single violation for every single employee, every single week is findable to the tune of $14,000.
Which means, last I checked, if that's 100 employees, you're talking about $1.4 million a week.
A week, right?
So he's getting bankrupt, every business in America.
What that's going to require is an enormous, huge new bureaucracy whose job it is to just monitor all these businesses doing their reporting requirements, or they're going to have to send people down to make sure that you are not actually falsifying the data.
This is truly totalitarian sort of stuff here.
Now, again, there are exceptions to his rule.
Exceptions to his rule, as it turns out, include people who work for public sector unions.
According to the Washington Post, U.S.
Postal Service workers were not included in Biden's executive order requiring all federal employees to get vaccinated against the coronavirus, according to a White House official speaking on the condition of anonymity to discuss not-yet-public portions of the President's plan.
Now, this is one of the elements of the President's plan.
For the private sector, the law.
For the public sector, everything.
So Joe Biden says he's going to sign an executive order and it's going to require all executive branch federal employees to be vaccinated.
Except for the ones who, you know, we have deals with.
Next, I will sign an executive order that will now require all executive branch federal employees to be vaccinated.
All.
I've signed another executive order that will require federal contractors To do the same.
If you want to work with the federal government and do business with us, get vaccinated.
First of all, he's lying for a huge swath of workers.
According to the Washington Post, 644,000 employees, you know, the people who bring you your mail every day, the people who are most likely to be in contact with you, Joe American, every single day.
Those people are not going to have to get vaccinated or do the testing regimen because they have a union, the American Postal Workers Union.
And that union gives a lot of money to Democrats.
So that means that the Postal Service is now exempt.
Also, according to the Washington Post, the largest union representing federal workers pushed back against the specifics of implementation.
According to the Washington Post, Everett Kelley, president of the American Federation of Government Employees, says, quote, Put simply, workers deserve a voice in their working conditions.
So in all likelihood, if there is a union deal with the federal government, the unions will be exempted.
So basically, if you're in the private sector, you are screwed, is the way that Joe Biden is going to attempt to implement this.
Tyrannical, tyrannical.
We're going to get to, by the way, the legality of all this in just one second, after we get through the policy.
So he begins with the proposition that if you're a private employer with over 100 employees, then he's going to force you to either force your employees to be vaccinated or get tested once a week and provide a negative COVID test, whether they are symptomatic or asymptomatic.
Or fire them, right?
That is going to be your job as an employer.
Who's going to pay for this?
It doesn't make clear.
So if you're an employer who has a hundred... First of all, if you're an employer with a hundred employees, you're just going to fire two people, right?
Then you're not subject to the mandate.
Okay, second, how are you actually going to pay for the testing regimen?
Okay, because these tests aren't free.
They can cost fifty, a hundred bucks, depending on the kind of test you are doing.
So you're talking about adding a burden to mid-sized businesses that may be their entire profit margin.
Let's say that you have 200 employees, right?
You're a solid size business, but you're not like a massive business.
You have 200 employees.
And let's say it costs 50 bucks per employee to do these tests.
So you're talking about $10,000 a week to do these tests.
So that's $40,000 a month.
That's an insignificant amount of money.
And so what are people going to do?
What?
Are you going to force your employees to pay for the tests?
Just gonna up prices like this is none of this.
And again, he's doing all of this at a time when employers are facing inflation.
They can't get enough people to actually come back to work in the first place.
So that's bad policy.
Then he's got his executive order with regard to federal employees, which, as we've discussed, doesn't apply to all federal employees.
It doesn't stop there.
He also says that he's going to encourage people running large entertainment venues not to allow people in who are unvaccinated.
So now they're gonna check your card at all of the Broadway shows and all of the movie theaters.
The movie theaters, by the way, are struggling to come back as it is.
So now he's saying he wants them to issue a vaccine mandate with regard to their own customers.
He wants college football stadiums to start checking vaccine cards at the door.
Good luck with this, Bob.
And for other sectors, I issue this appeal to those of you running large entertainment venues From sports arenas to concert venues to movie theaters, please require folks to get vaccinated or show a negative test as a condition of entry.
Amazing.
Okay, and he didn't stop there.
He also wants boosters.
By the way, in contravention of two of his top members of Zone FDA and the WHO.
We'll get to that in just one second.
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We'll get to more on Joe Biden's unconstitutional and authoritarian policies in just one second.
First, as we are discussing, Joe Biden's weaponization of OSHA to force all companies with over 100 employees to either mandate vaccines or test their employees for COVID at least once a week is tyrannical.
And it's not just tyrannical, it is dictatorial in extremis.
It is amazingly dictatorial.
And as I say, companies that don't comply are going to face up to $14,000 for each violation.
I could be ruinous to businesses all over the country who still want freedom for their employees, including The Daily Wire.
As I say, I'm vaccinated.
I encourage vaccination.
We live in a free country.
Americans still have the right to make their own decisions.
So we plan on fighting Joe Biden's dictatorial mandate with every resource at our disposal as a company.
So this is a battle.
It's going to be a legal battle.
And we are calling on everybody who's listening to help us fight this obscene, tyrannical mandate.
And if you join as a Daily Wire member right now, it's self-serving, but it's true.
You will be giving us the resources we need to take this all the way up to the Supreme Court, if necessary.
Which, by the way, may end up being quite a good thing for the American public.
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Americans have been ceding their freedom and their liberty to authoritarian bureaucrats in the name of public health for way too long.
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Also, this weekend we remember the men and women who lost their lives 20 years ago in the most brutal terror attack in American history.
I sat down with one of the politicians who shouldered much of the political burden placed on the Bush administration in the aftermath.
On last Sunday's episode of the Sunday Special, I was joined by former Secretary of State Condi Rice.
She was an excellent moving guest.
It's available now if you haven't had the chance to check it out.
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All righty, so Joe Biden's big plans didn't stop at forcing every business in the United States with upward of 100 employees to force their employees to vaccinate or test or to pressure all large entertainment venues to vaccine card everybody.
He also has now said that he is going to be pushing booster shots.
Now, here's the problem.
There's very conflicting evidence on who exactly should get booster shots.
And just last week, two top officials at the FDA resigned over the Biden administration's booster shot plan.
That, of course, is according to Business Insider.
The reason that they left, apparently, is because they didn't like the booster shot plan.
vaccine's research and review, and her deputy, Dr. Philip Krause, planned to leave the FDA in October and November, by a century first reported the news on Tuesday.
The reason that they left, apparently, is because they didn't like the booster shot plan.
The reason they didn't like the booster shot plan is because the Biden administration announced it before the FDA had even done the research on it.
So just think about this for a second.
Imagine if all of this were Trump.
Remember, Trump was an authoritarian dictator.
He was a tyrant and he was wrecking all of the norms and institutions.
And here you have Joe Biden actually doing all this stuff and not a peep.
So here's Joe Biden talking about booster shots.
Now, listen, I am not anti-booster shots.
I think that the data is highly variable based on your age.
If you are 30 years old and you had two shots, I'm not sure that you need a third shot.
If you're 65, maybe you need a shot.
If you're 80, you probably do need a third shot.
Okay, but Joe Biden doesn't care about any of that.
He's just throwing s*** at the wall at this point to see what sticks.
Last month, our top government doctors announced an initial plan for booster shots for vaccinated Americans.
They believe that the booster is likely to provide the highest level of protection yet.
Of course, the decision of which booster shots to give, when to start them, and who will give them Will be left completely to the scientists at the FDA and the Centers for Disease Control.
By the way, do you believe that?
Literally two FDA guys just stepped down yesterday, or last week rather, because he was interfering.
In the same way they kept accusing Trump of interfering.
He's interfered over and over and over again.
The CDC has set standards based on the American Federation of Teachers whims at the behest of the Biden administration.
Anthony Fauci shifts his guidance every single week based on what Joe Biden is saying that week.
You really believe these are independent agencies?
And this is not me being against booster shots.
This is me pointing out that if you think this administration is guided by anything remotely resembling science, you are out of your damned mind.
This is all politics all the way down for these guys.
Which, by the way, is why people are not getting vaccinated.
Because they don't trust these people because they are political in the extreme.
They're political top to bottom.
They're like, why doesn't anyone trust us?
Because you're political hacks and you lie all the damn time.
That's why.
And I'm pro-vaccine.
I'm angry at you for keeping people unvaccinated by lying to them for a year.
It's unreal.
By the way, I'm old enough to remember when the WHO was the gold standard when it came to all of this, right?
If you contradicted the WHO on YouTube, then this meant that YouTube would take you down.
The WHO has now said that rich countries shouldn't be doing booster shots.
The WHO director, Tedros Adhanom Ghebreyesus, said he was appalled at the decision by so many of these countries to push booster shots in the face of huge swaths of the global population that don't actually have a COVID vaccine yet.
But Joe Biden didn't stop here.
Joe Biden also went after the schools.
So he decided that he was going to jabber about how we need to mask up at schools.
Again, the data on masking at schools does not exist.
There is no data that masking at schools, particularly cloth masks, does a damn bit of difference.
There's not one study that demonstrates this for schooling.
Here is Joe Biden pushing it anyway.
We know that if schools follow the science, and implement the safety measures like testing, masking, adequate ventilation systems to be provided the money for, social distancing, and vaccinations, then children can be safe from COVID-19 in schools.
Today, about 90% of school staff and teachers are vaccinated.
We should get that to 100%.
Okay, so I have a question here.
Let's assume that he's right for a second.
We need to get the entire school staff vaccinated because they're going to infect the kids or something.
Even though the stats show that unvaccinated children, this is new British data, unvaccinated kids are safer from COVID-19 than vaccinated adults.
That is how non-deadly COVID is to people under the age of 18 in the United States and abroad.
Okay, well, let's just say though that you want to get 100% of the teachers vaccinated.
So he just said every private business in the United States is going to be forced to get their people vaccinated or to test once a week.
Why can't he do the same in public schools?
After all, it is a workplace, is it not?
The answer is he's not going to do that because the American Federation of Teachers doesn't want it.
He's not going to do that because the NEA might protest.
It's all political.
It's all political.
And how do you know that it's all political?
Because he took the time, once again, to go after the governors and to state, by the way, that he's just going to run roughshod over the Constitution.
He's like, if governors don't do what I want, I'm just going to blow them down.
Here he goes.
My plan also takes on elected officials in states that are undermining you and these life-saving actions.
Right now, local school officials are trying to keep children safe in a pandemic while their governor picks a fight with them.
And even threatens their salaries or their jobs.
Talk about bullying in schools.
If they'll not help, if these governors won't help us beat the pandemic, I'll use my power as president to get them out of the way.
I'll get governors out of the way.
This is dictator talk, guys.
Under what article of the Constitution does it say that the President of the United States, under Article 2, what provision does it say the President of the United States without any statutory authority can run roughshod over state authority on public health matters?
Where?
Explain.
He doesn't have any of that power, but he's just gonna run over them.
And by the way, his own people are saying that.
They're using that kind of language on a regular basis now.
That he's just gonna run right over people.
You think dictatorships can't happen in the United States?
You're watching the formation of a dictatorship in the United States right now under Joe Biden.
That doesn't mean elections are going to go away.
It does mean that you have a permanent bureaucracy staffed by unelected people who can be directed to overrun your rights at the whim of a person who is unanswerable to the public except once every four years.
And the legislature is a complete vestigial organ of government.
Does that feel comforting to you in any way?
Do you feel as though there are any limits that prevent your rights from being violated in this way?
If the only way that you can stop the operation of this sort of stuff is that once every four years you can call a halt on it, maybe Does that really feel like your constitutional rights are being well protected?
If the federalist institutions of government go away?
This is why the founders set up these institutions in the first place, as checks and balances.
If all the checks and balances go away, and you're just electing your dictator every four years, how is that freedom?
How is that liberty?
The answer is, it really isn't.
If I don't like what the governor's doing, I'm just going to run over them.
By the way, The notion that local school officials are trying to keep kids safe in a pandemic with all of this masking and all.
Again, data.
How about some data?
It's local school officials who kept schools closed in half the country for most of last year.
It's only state mandates that required the schools to be open in blue areas in red states last year.
OK, but let no good crisis go to waste.
He's not going to finish with that.
We also need to spend more money.
Of course, here's Joe Biden declaring he's going to spend more money.
Because of our vaccination program, and the American Rescue Plan, which we passed early in my administration.
We've had record job creation for a new administration.
Economic growth unmatched in 40 years.
We cannot let unvaccinated do this progress.
Undo it.
Turn it back.
So tonight, I'm announcing additional steps to strengthen our economic recovery.
Amazing.
We're gonna spend more money.
Good idea.
Okay, so Biden closed by saying it's equity all the way down.
We have to focus in on communities of color.
What if a lot of black people don't want to get vaccinated?
You're just gonna have them be fired and bar them from restaurants?
Because that seems kind of bad.
Before I close, let me say this.
Communities of color are disproportionately impacted by this virus.
And as we continue to battle COVID-19, We will ensure that equity continues to be at the center of our response.
We'll ensure that everyone is reached.
Okay, and then he finished by saying that we all have to come together.
So the unvaccinated are to blame.
The governors are to blame.
Everybody is to blame, except for Joe Biden, who's the actual one pushing dictatorial policy.
Now let's come together, guys.
Unity.
We have the tools.
Now we just have to finish the job.
With truth, with science, with confidence, and together as one nation.
Look, we're the United States of America.
There's nothing, not a single thing we're unable to do if we do it together.
So let's stay together.
God bless you all and all those who continue to serve on the front lines of this pandemic.
And may God protect our troops.
Get vaccinated.
Get vaccinated.
I also think you should get vaccinated.
But here's what I'm not willing to do.
Take an enormous diarrhea dump all over 80 million Americans because I'm a failure.
That's not what I'm willing to do.
Joe Biden's willing to do that, which apparently makes him a great president.
Then, by the way, he just walked away.
Out.
No questions.
As per our usual arrangement, early dinner at Denny's is waiting, and that rerun of Matlock that he's been eager for.
Catch you later, guys.
Bye.
A country run by decrepit dictators making policy at whim based on nothing more than the political necessity of the moment.
So here's the reality.
This thing is likely never to take effect.
There will be injunctions against it at the state and federal level.
This will likely end up at the Supreme Court of the United States.
It is highly unlikely the Supreme Court of the United States is going to uphold it.
You've heard a bunch of idiots on Twitter tell you that this is definitely constitutional.
This is definitely, this mandate is definitely going to be upheld by the courts.
And they've been citing a few provisions of law in an attempt to justify all of this.
So let's go through this for just one second.
So they like to cite a case from 1905.
It's called Jacobson versus Massachusetts.
In that case, the question was whether the state of Massachusetts could in fact compel vaccination.
And what the court found is that the state could.
The court found, quote, the police power of a state embraces such reasonable regulations relating to matters completely within its territory and not affecting the people of other states, established directly by legislative enactment, as will protect the public health and safety.
While local regulation, even if based on the acknowledged police power of a state, must always yield in case of conflict with the exercise by the general power of any, by the general government of any power it possesses under the Constitution, the motor manner of exercising police power is wholly within the discretion of the state, so long as the Constitution of the United States is not contravened.
Okay, now the first thing that you'll notice about this decision is that this has nothing to do with the federal government.
Quote, it is within the police power of a state to enact a compulsory vaccination law.
And it is for the legislature and not for the courts to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of public health.
So this is now two questions.
One, the federal government and the state.
Number two, the argument being made here is that the legislature is supposed to be making the rules here, right?
Not at the executive level.
Even maybe within a state.
Okay, so Jacobson is not good case law on point here.
It does not relate to the case at hand.
The federal government threw an executive agency without explicit authority to cram down this sort of broad-based and heavy-handed regulation on a hundred million Americans.
Right, that is not what this case is about in any way, shape, or form.
So anybody citing Jacobson to you has not read the case or just does not care.
Then we come to the question of what OSHA can do.
The Occupational Safety and Health Administration.
What exactly can they do?
Now, there is a very, very solid case that OSHA is actually not a constitutional administration.
The reason I say that is because the Enabling Act for OSHA is really, really broad.
Like, way too broad.
I'm not writing that.
Cass Sunstein, who's a liberal, writing from Virginia Law Review years ago, talks about this.
2008.
Is OSHA unconstitutional?
He says that the Occupational Safety and Health Act is wildly broad.
Right?
There is no intelligible principle that limits the exercise of agency discretion.
When the Secretary of Labor issues regulations governing tractors, ladders, or electrical equipment, the only question to be asked is whether one or another standard is reasonably necessary or appropriate.
The agency is not required to do whatever is necessary in order to provide safe employment.
Its duty is to provide whatever is reasonably necessary.
It can even reject what is reasonably necessary.
So how does the OSHA administration decide what is reasonably necessary or appropriate?
Completely vague.
There's no way to tell.
What we do know is that historically speaking, OSHA has never been used for anything remotely like this.
The infectious disease provisions that OSHA has used have been entirely related to social safety places like nursing homes or healthcare providers, like a hospital.
Never has OSHA promulgated a broad-based regulation on every private business with over 100 employees in the country telling them that they have to get everybody vaccinated or test.
This has never been promulgated.
That would normally require some sort of legislative action.
So, there is serious question as to whether OSHA on its face is constitutional.
But even if you assume that it is constitutional, the notion that you can extend OSHA's authority over every business in the United States with regard to infectious disease, which has never been tried before, is quite crazy.
And it is unprecedented.
There are people who are talking about this last year, and this actually subjects the OSHA rules almost forthwith to judicial review.
So one of the big problems when it comes to administrative agency action, and this is getting technical but it's really important, is a stupid doctrine created by the Supreme Court.
It's called Chevron Deference.
It's the basic rule the Supreme Court uses.
Is that if there's an administrative agency, let's call it OSHA, and there is a broad mandate that comes from the legislature.
So the legislature is filled with a bunch of cowards and idiots, and they pass a law that says OSHA can do whatever it wants, right?
That's the law.
OSHA can now do whatever it wants.
So how do you exactly rein in OSHA?
So there are a few different ways that you can do it.
Theoretically, the courts can set reasonable and necessary rules.
So now the court is actually the lawmaker, right?
The legislature delegated to OSHA.
OSHA Can't define its own rules, and now the courts are going to define its rules, or there's Chevron deference.
Chevron deference is the idea that an agency, because these are the experts, are best situated to interpret their own rules.
Okay, which is kind of crazy.
Because now this means that you are generally not allowed to appeal an administrative agency decision to the judiciary.
Because the judiciary says, OK, well, you know, we've washed our hands of this.
Instead, this administrative agency makes its own rules because Congress told them to make their own rules.
We can't intervene in that.
So you get to deal with them.
And if they make their own rules, which coincidentally happen to side with them, well, there's not much we can do about that.
So Chevron deference has been a very difficult area of American law for quite a long time.
It's pretty certain that there is now a majority on the Supreme Court to strike down Chevron deference.
And go back to a time when the courts routinely sort of drew limits around what executive agencies could do and tried to redefine the limits of how much authority could be delegated from the legislature to the executive branch.
So ironically, what Joe Biden could end up doing here by promulgating such a broad-based and dictatorial mandate via OSHA, which again, its authority is not clear in this realm at all.
What they could end up doing is having the Supreme Court step in and wipe away some of the fundamental bases for the administrative state.
Which would be quite ironic that Joe Biden, in order to avoid blame for his own economic failures and failures on COVID, and in order to deflect attention from Afghanistan, promulgates a regulation that doesn't go into place because it's badly written or badly drawn and has no source authority.
It ends up being elevated to the Supreme Court level, and the Supreme Court ends up knocking out fundamental pillars of the administrative state that the left has relied on for literally a century in order to promulgate regulations and turn the executive branch into a quasi-legislature.
That could be a kind of ironic result here.
And frankly, I think that there is a high likelihood of that.
So maybe there is a bright lining to this very dark cloud, which is that we could see the administrative state actually start to be pared back here.
Some of us have been concerned with the administrative state for quite a while.
It's time for the legislature to seize back its authority.
If Congress is retaken by the Republicans in 2022, this needs to be first and foremost on the schedule.
Start defunding these agencies and restricting their authorities and drawing lines around them right now.
Don't submit budgets to the President of the United States unless there are strings attached to the executive authority that is invoked by these agencies.
We now have the CDC doing eviction moratoria and OSHA telling businesses that they have to mandate vaccines among their workers.
It's time to withdraw that authority, like right now.
And if Democrats won't do it, Republicans should run on it.
And if Republicans run on it and win, they should immediately move to restrict administrative agency authority.
All of that is assuming that we even get past the first step here.
And the first step is that Joe Biden says that the OSHA regulation he's going to promulgate is going to be done under the Emergency Temporary Standards.
Emergency Temporary Standards have typically not been used for stuff like this.
In fact, the last litigated Emergency Temporary Standard created by OSHA was about lowering the amount of asbestos that you're allowed to have at a worksite, and it was struck down.
Okay, so you could easily see a court saying, this is not an emergency temporary standard, you have to go through the normal rulemaking process, which involves public feedback, and then the promulgation of the rule, and then maybe litigation over the rule.
Joe Biden just wants to do this, like, super fast, knowing that it's probably going to get held up, in the same way that he did the eviction moratorium, knowing that the court was immediately going to enjoin it.
So I have serious doubts as to whether this thing ever is applied.
But that's the whole point.
The whole point here is to assert the authority because it's a win-win for Joe Biden according to his own political lights.
On the one hand, if the thing is upheld, then he gets to play dictator, which is fun for him.
He likes that.
On the other hand, if the thing is enjoined, he gets to blame everybody else for his own failures.
He gets to say, I've done what I can do.
I've done what I can do.
But the bottom line is really this.
We are now setting the precedent And it's multiple presidents who have done this.
Obama did it.
Trump really didn't.
Now Biden's doing it.
We have now set the precedent that governance by executive order via administrative branch fiat is going to be the only way that anything gets done in this country from now on.
Which is incredibly, incredibly dangerous.
Like super dangerous.
Meanwhile, there are states that are pushing back on all this as well.
They should.
And so Ron DeSantis in Florida, he says, we are going to fight this with everything we've got.
How could we get to the point in the country where you would want to have someone lose their job because of their choice about the vaccine or not?
I mean, look, some folks have reasons to do.
Maybe they're making the wrong decision, but to put them out of work and send them and not let them earn a living because of this?
I just think that that's fundamentally wrong.
And I think that the more and more this has become coercive, Where people have threatened mandates and firing and business consequences.
The more it does that, I think the more people it alienates.
I don't think it actually helps to get more people to ultimately do it.
But I do not believe that people should lose their jobs over this issue.
And we will fight that.
Okay, and he's not the only governor who is saying that private businesses are going to launch lawsuits on this basis as well.
The bottom line is the pushback has begun.
The left has won for the course of decades.
Growth in government, social change, through incrementalism.
And now, they've ditched the incrementalism.
Over the last year and a half, two years, they really have just said, we're going for broke.
Whether it is BLM declaring the entire foundation of the United States corrupt and evil, and the Democratic Party going along with that ideological move, or whether it is the Biden administration basically dismantling every single check and balance they can find.
Whether it is surrender on the foreign front or whether it is the complete dictatorial top-down approach of the left in corporations, the pushback is going to begin because they have not been approaching this in an incremental fashion, which is stupid politics.
But you know what?
I'm glad.
I'm glad.
Clarity is good.
So now we have some clarity.
Our president wants to be a dictator.
He doesn't care about the constraints of his office.
Our media cheer him on.
You have dolts like Joy Reid who are cheering this stuff on.
And by the way, the notion that they keep on using, of course, is that if you actually stand up for the rights of Americans, it's because you want people to die of COVID.
This is the way stupid people think about politics.
We haven't seen DeSantis weigh in yet, but he's probably so busy dealing with the, what is this, six or seven lawsuits that he's already lost trying to force COVID onto, you know, he wants COVID on cruise ships, he wants COVID in the schools, he wants COVID everywhere!
Apparently he wants to spread it everywhere.
He wants to spread it everywhere, right?
This is the sort of stuff that gets pushed in our national media.
Okay, so you have a choice as a citizen.
Are you going to pay attention to people who lie to you on a routine basis and give you conflicting information on a routine basis?
Who tell you vaccines are effective but also not effective and you should be scared?
Who tell you that the only way for you to truly feel safe is to mandate that your neighbor get fired if they disagree with you on a particular issue even when they pose no threat to you?
What kind of America do you want this to be?
And what kind of American do you want to be?
Because now Joe Biden has made that choice extraordinarily clear.
So you can either side with the tyranny or you can side against it.
Those are your choices.
Alrighty, we've reached the end of the week, but later today we have an additional hour of content.
First, you can't forget to end your week by checking out the Andrew Klavan Show.
Drew's show is every Friday.
He's got an exciting evening planned for you.
Head on over to dailywire.com at 7 p.m.
Eastern, 6 p.m.
Central.
Tune in.
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Hey everybody, this is Andrew Klavan, host of The Andrew Klavan Show.
You know, some people are depressed because the republic is collapsing, the end of days is approaching, and the moon's turned to blood.
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