The Charlie Kirk Show - Supreme Court Showdown: Are Vaccine Mandates Dead?

00:00:00.000 Hey, everybody.

00:00:00.000 We're waiting to see what the Supreme Court says around the vaccine mandate.

00:00:06.000 We think that it's going to be some good news.

00:00:08.000 And so, listen to this episode.

00:00:09.000 It might impact you, your friends, your family about the OSHA mandate.

00:00:12.000 Email us your thoughts.

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00:00:40.000 We have the cutting-edge, unique analysis of the Supreme Court justices in their own words.

00:00:46.000 Buckle up, everybody.

00:00:47.000 Here we go.

00:00:48.000 Charlie, what you've done is incredible here.

00:00:50.000 Maybe Charlie Kirk is on the college campuses.

00:00:52.000 I want you to know we are lucky to have Charlie Kirk.

00:00:56.000 Charlie Kirk's running the White House, folks.

00:00:59.000 I want to thank Charlie.

00:01:00.000 He's an incredible guy.

00:01:01.000 His spirit, his love of this country.

00:01:03.000 He's done an amazing job building one of the most powerful youth organizations ever created.

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00:01:30.000 Right now, as we are doing this show, the United States Supreme Court is hearing oral arguments around the Biden regime's OSHA mandate.

00:01:40.000 If you are at all impacted or a loved one is impacted by Biden's stroke of the patent saying that he is going to have OSHA, the Occupational Safety and Hazard Administration come in and mandate vaccines for any employers 100 or more, this show is going to really matter to you.

00:01:59.000 We are going to unpack the arguments themselves.

00:02:01.000 We have audio from the U.S. Supreme Court.

00:02:04.000 We're going to kind of read between the lines of how things are going.

00:02:08.000 And this is incredibly important.

00:02:10.000 We have so many listeners.

00:02:11.000 I think we have tens of thousands of listeners that are right now on the verge of being fired from their job because of this mandate.

00:02:20.000 I could read email after email after email of listeners, supporters, people that are saying, Charlie, please help me.

00:02:30.000 This listener right here, Charlie, in the light of Biden's announcement, OSHA taking effect, I was hoping you could help me.

00:02:36.000 I'm going to lose my job and my employer won't stand up for me.

00:02:40.000 Now, at Turning Point USA, we have well over 200 employees.

00:02:44.000 We're not going to comply.

00:02:45.000 It's not going to happen, regardless of how the Supreme Court rules.

00:02:50.000 It does look, though, slowly and surely, that the justices are peppering the Solicitor General of the United States, that they are cross-examining the arguments, and it seems as if a pattern is emerging of major legal, philosophical, and medical holes in the regime's attempt to try to mandate employers.

00:03:19.000 Now, I just want you to understand how unprecedented and how immoral this would be.

00:03:24.000 This is the way it works.

00:03:26.000 If I were to comply with our employees at Turning Point USA, I would have to meet with every single one of my employees and ask them about their intimate medical details.

00:03:40.000 And I could potentially have to fire them, let them go, if they don't take an experimental piece of medicine that the federal government requires.

00:03:52.000 First of all, that's just really creepy to tell an employer to sit down with their employees and say, oh, yeah, can I just see all the medicine that you're on?

00:04:00.000 No, in fact, many of our employees, by the way, we have a long list of people that want to work for us at Turning Point USA because they know we're going to hold the line.

00:04:11.000 They know we are not going to comply under any circumstances.

00:04:14.000 And by the way, here's the amazing thing.

00:04:16.000 We have vaccinated employees as well.

00:04:19.000 We have employees that have decided to get the shot.

00:04:21.000 Guess what?

00:04:22.000 Not my business.

00:04:23.000 I don't condemn them.

00:04:24.000 I don't mock them.

00:04:25.000 I don't question them.

00:04:26.000 It might be the right decision for them.

00:04:28.000 I don't know their medical history, nor should I.

00:04:31.000 The federal government disagrees.

00:04:33.000 The federal government, through the continuation of the IRA, the independent regulatory agencies, started under Woodrow Wilson, grew under Franklin Delano Roosevelt, perfected under Lyndon Baines Johnson, this German historicist fourth branch of government of blending all three branches into the maker of the laws, the interpreter of the laws, and the executor of the laws.

00:04:55.000 Now, this is an important point: that this mandate had zero legislative input.

00:05:01.000 In fact, it failed in the Senate.

00:05:03.000 Manchin and Tester, actually, I think just Tester, maybe Manchin.

00:05:07.000 I know John Tester, when it came up in the U.S. Senate, voted against the mandate.

00:05:14.000 So the representative of the actual people, the legislative branch, says, we don't like this mandate.

00:05:21.000 Still, the executive branch decided to sign a piece of paper to say that we are going to force private businesses that have 100 employees or more on how to conduct themselves and how to, we are going to police the inner workings of private entrepreneurs and businesses.

00:05:41.000 Now, the significance of this, if the Supreme Court rules correctly and says that we still have some semblance of private property in this country, that we still have some kind of glimmer of privacy and individual autonomy, then this would be a massive loss for the Biden regime.

00:05:59.000 I do have a theory that I'll share with you later this hour, and I'll tell you why.

00:06:04.000 I think Biden knows he's going to lose this in the courts.

00:06:07.000 I think Biden knows he's going to lose it, and he's using this as kind of an excuse to his base.

00:06:11.000 Look, I tried to do everything I possibly could.

00:06:14.000 But I don't want to get too excited yet.

00:06:17.000 Now, I am not a member of the U.S. Supreme Court.

00:06:21.000 I'm unconvinced by some of these arguments, but they're not talking to me.

00:06:27.000 We're going to go through some of these arguments.

00:06:28.000 By the way, these arguments are happening in real time.

00:06:30.000 This is live right now at the Supreme Court.

00:06:33.000 And what I mean by that is they're very technical, legal, and administrative arguments that are being made.

00:06:42.000 Now, Clarence Thomas, God bless him, Samuel Alito, God bless him, they've been going deeper.

00:06:48.000 They've been asking questions that are a lot more substantive about the actual vaccine itself.

00:06:56.000 And we'll get to that.

00:06:57.000 And then also, I want to kind of build out what will happen if you give people like Breyer power over the courts long term.

00:07:07.000 Because they're starting to foreshadow, they're starting to tilt their hand of precisely what they would do if they were ever to control Article III of the United States Constitution.

00:07:22.000 But what's really on trial here, what's really being questioned at the U.S. Supreme Court right now is, yes, the employment futures and with that, the financial futures of millions of Americans.

00:07:34.000 That's what's being debated at the Supreme Court.

00:07:36.000 One of the most consequential, by the way, let me just say this, one of the most consequential immediate employment questions in front of the Supreme Court of a lifetime.

00:07:44.000 That's how important this is.

00:07:46.000 If this mandate gets upheld, millions of people will lose their jobs unnecessarily, regardless of natural immunity, regardless of their ability to pursue early treatments.

00:07:58.000 Millions of people will lose their jobs.

00:07:59.000 If Biden is successful in front of the U.S. Supreme Court with this mandate right now, it will eliminate millions of jobs or people will resign in anticipation.

00:08:12.000 Let's go to Cut 83.

00:08:13.000 Harris Faulkner kind of sets the table on how the oral arguments are being heard on the mandates.

00:08:18.000 Cut 83.

00:08:19.000 Major action at the U.S. Supreme Court that could have big consequences on how much power President Biden should have.

00:08:27.000 The justices right now are hearing emergency oral arguments challenging Biden's sweeping COVID vaccine mandates.

00:08:34.000 And plaintiffs are arguing that states, not Washington, should have authority over the mandates and calling the federal crackdown unnecessary and counterproductive.

00:08:47.000 Now, I would go a step further, but again, I am not the ones arguing the case.

00:08:53.000 These people obviously know infinitely more than I will ever do on how to persuade a Supreme Court justice.

00:08:59.000 States should not even have the power to be able to mandate private companies what they do in their workplace.

00:09:05.000 But fine, get Biden off your back, then I can deal with Arizona.

00:09:08.000 And guess what?

00:09:09.000 Arizona's not going to mandate it anytime soon.

00:09:10.000 It's not going to happen.

00:09:11.000 So I get that carve out.

00:09:13.000 I do.

00:09:14.000 But I also worry about my fellow countrymen in the state of Washington, where Jay Insuli will happily make an even worse mandate.

00:09:22.000 He'll say, okay, if you have four employees, you have to do this.

00:09:24.000 However, if you do leave it to the states, there is a fair amount of freedom and protection of the movement between states, and there's a lot more connectivity to your elected officials.

00:09:37.000 We're going to go through these arguments one by one.

00:09:40.000 It's a really interesting window into how the Biden regime views themselves, views their role, what they're trying to create, what they're trying to do, and the legal pushback against that.

00:09:53.000 And then we're going to go to Justice Sotomayor, who might be one of the most disappointing people ever to serve on the U.S. Supreme Court.

00:10:00.000 I just don't think she's very smart.

00:10:01.000 I don't, even though she's on the U.S. Supreme Court.

00:10:05.000 And I'm going to tell you how this is going to lay the groundwork for potential moves against other amendments to the U.S. Constitution via the Bill of Rights.

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00:11:23.000 This beautiful document, the greatest political document ever written in the U.S. Constitution, is on trial right now.

00:11:29.000 The idea of natural rights given to you by God, not by government, is a unique American interpretation of human existence.

00:11:36.000 It was a profound step forward in something that both the Declaration articulates in its own way.

00:11:43.000 When in the course of human events, it becomes necessary for one people to dissolve the political bands that have tied them to the nether, the separate equal station.

00:11:50.000 And it goes on to say the laws of nature and nature's God.

00:11:54.000 This idea that there's a hierarchy to existence, that human beings are made in the image of God, that government is created from the sovereign, the people.

00:12:04.000 This is why a republic is a completely different form of government than a democracy.

00:12:09.000 We talked about this yesterday.

00:12:11.000 So, right now, these debates are ongoing.

00:12:14.000 And let's just kind of go through the players for those of you that don't spend as much time mulling about the U.S. Supreme Court as we do here on this show.

00:12:22.000 We have Clarence Thomas.

00:12:24.000 He's on the A-team.

00:12:25.000 Clarence Thomas is the man.

00:12:27.000 For those of you that do not know about Clarence Thomas, I encourage you to spend some time reading his book, reading about him.

00:12:34.000 And I always love how BLM conveniently ignores Clarence Thomas, a man who grew up in absolute poverty, moved up to the Supreme Court, is a devout Catholic, and the media has done their best to try to smear and slander the honorable man of Clarence Thomas.

00:12:48.000 Next is Elito, Bush appointee, probably the best thing George W. Bush actually did in his presidency.

00:12:54.000 Bush also gave us Roberts, so you got to kind of balance that.

00:12:59.000 Alito is terrific.

00:13:01.000 Next, Gorsuch, Trump appointee, first one that Trump put forward to fill the late seat of the phenomenal, the exceptional, the whimsical Justice Antonin Scalia, who is just really special.

00:13:15.000 Gorsuch is terrific.

00:13:16.000 Now we get more to the questions.

00:13:19.000 Brett Kavanaugh, who, of course, we remember when Christine Balzé Ford went in front of the U.S. Senate and elevated her voice to make her sound younger than she actually was.

00:13:28.000 And Brett Kavanaugh survived.

00:13:30.000 Amy Coney Barrett, big question marks, I'll be honest.

00:13:33.000 We do not know.

00:13:34.000 Amy Coney Barrett has disappointed us in two rulings, but it's not enough for us to make a judgment on her judicial future. 0.95

00:13:41.000 So just right there, those five people, Barrett, Gorsuch, Kavanaugh, Alito, Thomas, should be enough to strike this down.

00:13:50.000 Then we get into the, let's say, vanilla middle of the man who actually has moved more to the left for what reason other than country club membership and book deals, I don't know.

00:14:01.000 John Roberts, who is the Chief Justice of the United States, appointed by George W. Bush, he actually has been asking some okay questions in this.

00:14:11.000 And then we have the Bolshevik commissars, the Maoists, the cultural revolutionists.

00:14:16.000 We have Sodomayor.

00:14:19.000 We have Breyer and Kagan.

00:14:23.000 And those three are reliably anti-constitutional.

00:14:27.000 Whatever you might be debating, whatever might be the issue, no matter what it is, it's a rubber stamp for the destruction of the republic from Sodomayor, Kagan, and Breyer. 0.79

00:14:37.000 So they're somewhat of a waste of time.

00:14:38.000 But later in the show, I do want to dive into some of the language they're using, the arguments they're using, because it's very important that you, as the audience, are made aware of how they interpret the Constitution, how they interpret the citizenry.

00:14:56.000 Very, very important.

00:14:57.000 Okay.

00:14:59.000 Let's go to this.

00:15:00.000 Let's go to this.

00:15:01.000 I think it actually sets the table rather nicely.

00:15:08.000 Let's go to Cut 89.

00:15:10.000 Justice Clarence Thomas about the federal government's vaccine or test mandate asks, how effective are these vaccines?

00:15:20.000 He gets straight to the heart of the issue.

00:15:22.000 You see, instead of dancing around the administrative or legal argument, Clarence Thomas says, wait a second, what are we actually mandating here?

00:15:30.000 God bless him.

00:15:30.000 Play Cut 89.

00:15:32.000 There's been some suggestion, or at least it seems to be Implied that the vaccinations are efficacious in preventing some degree of infection to others.

00:15:49.000 Could you talk about that, particularly as I remember in the filings that the 18 to that the younger workers, the 20-year-olds who are unvaccinated are actually safer than the older workers who aren't vaccinated.

00:16:08.000 So there are obviously some differences.

00:16:12.000 So Clarence Thomas gets straight to the heart of the issue of what exactly why are we mandating this for younger workers or all workers.

00:16:23.000 And then there's some administrative arguments that started to pop up.

00:16:26.000 But based, and you have to realize when these justices are asking questions, when these justices are going back and forth, they're sometimes talking to each other.

00:16:38.000 They're not just talking to the solicitor generals or the people making the arguments.

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00:17:47.000 Boy, we have more tape than we know what to do with, but it's really important, especially for those of you right now that are working for companies that are saying, hey, the OSHA mandate's coming forward.

00:17:57.000 For example, you might work for a worthless company like Chick-fil-A.

00:18:01.000 Chick-fil-A, which has incredibly overrated food, which is saying to their employees that if they don't get the vaccine mandate, then we're going to fire all the employees.

00:18:13.000 We're going to fire you by early February.

00:18:14.000 I don't know if you guys know that.

00:18:15.000 That's Chick-fil-A's new position. 0.99

00:18:17.000 And we've bashed on Chick-fil-A plenty throughout the years.

00:18:21.000 And we'll continue to do so.

00:18:22.000 And that is in great contrast, by the way, to the wonderful In-N-Out Burger, where In-N-Out Burger has said we are not mandating vaccines for our employees.

00:18:30.000 We're not mandating vaccines for our customers.

00:18:33.000 We're not doing any of it.

00:18:34.000 Huge contrast.

00:18:36.000 God bless In-N-Out, and I hope God will improve Chick-fil-A.

00:18:40.000 Let's just put it that way.

00:18:42.000 So, boy, there is just a menu of clips to get to here.

00:18:42.000 Okay.

00:18:46.000 Let's go to this one.

00:18:47.000 Okay.

00:18:48.000 So, Justice Sotomayor is the only justice that's there not, is not, is not there in person.

00:18:55.000 Geez, she's not in person.

00:18:58.000 She's remote asking questions because she says she's a diabetic and she might, she's afraid of getting COVID.

00:19:06.000 Now, I don't know what number she's coming up with, but here's a good rule for life.

00:19:18.000 Arguments from authority need to be called out into question.

00:19:25.000 So being on the U.S. Supreme Court, one would think you're aware, you're wise, you're smart, and you are willing to look at things as they are.

00:19:40.000 Justice Sotomayor, in this back and forth, has just said 100,000 children are hospitalized with COVID and many are on ventilators.

00:19:51.000 Now, we twice this week have played the clip from Fauci that has said that's not true.

00:19:55.000 Okay, they come in with a broken leg or a broken hip.

00:19:59.000 I want you to listen.

00:20:01.000 These are people that interpret the law for you.

00:20:03.000 What's legal, what isn't.

00:20:05.000 Play cut 99, Justice Sotomayor.

00:20:11.000 Country today than we had a year ago in January.

00:20:14.000 We have hospitals that are almost at full capacity with people severely ill on ventilators.

00:20:21.000 We have over 100,000 children, which we've never had before, in serious condition, and many on ventilators.

00:20:32.000 So saying it's a different variant just underscores the fact that without Fauci even said that's total nonsense.

00:20:44.000 I just want you to understand that is a member of the U.S. Supreme Court saying 100,000 children are hospitalized with COVID.

00:20:52.000 The power she has at her disposal and the disinformation she is spreading. 1.00

00:20:59.000 It's extraordinary.

00:21:01.000 Justice Alito went back and forth with Elizabeth Prologer, the U.S. Solicitor General, speaks fluent Russian and worked on the Bob Mueller investigation, just an interesting wrinkle.

00:21:14.000 They went back and forth on how unvaccinated workers are a danger to vaccinated workers.

00:21:21.000 But I thought if it's a vaccine, then that shouldn't prevent them.

00:21:25.000 Let me ask you a question before I play this.

00:21:28.000 When I was a child, I received the polio vaccine.

00:21:34.000 I also received the measles vaccine.

00:21:39.000 I don't walk around in fear that if someone has polio, I'm going to get it.

00:21:47.000 Because it's largely accepted that those vaccines are effective.

00:21:51.000 It's largely accepted that those vaccines have effectively inoculated the population against the transmission.

00:22:01.000 So let me get this straight.

00:22:02.000 The U.S. Solicitor General.

00:22:03.000 I want you to listen very carefully.

00:22:04.000 These people are supposed to be smart.

00:22:06.000 She says, wait a second.

00:22:08.000 We need to vaccinate the unvaccinated workers because they might harm the vaccinated workers. 1.00

00:22:14.000 Wait, so we have to vaccinate the unvaccinated to protect the vaccinated?

00:22:18.000 But you're telling us the vaccine's going to protect the vaccinated?

00:22:21.000 Which one is it exactly?

00:22:23.000 Play cut 91.

00:22:27.000 And one of the risks that OSHA was guarding against here was the risk that unvaccinated workers pose to other workers because they are so much more likely to transmit this death disease.

00:22:27.000 Absolutely true.

00:22:38.000 To vaccinated workers?

00:22:40.000 Yes, the grave danger finding.

00:22:41.000 I'm very disclaimed that.

00:22:44.000 The grave danger finding is limited to unvaccinated workers.

00:22:50.000 That's not a concern for us, is it?

00:22:52.000 We can't sustain this on that ground that this is helpful to the vaccinated workers because the unvaccinated workers present a risk to them. 1.00

00:22:58.000 Oh, to be clear, they present a risk to other unvaccinated workers who also might be older, who might have other people who have balanced the risks differently, maybe very foolishly, but they want to balance the risks presented to their health in a different way. 0.96

00:23:17.000 And OSHA says, no, you can't do that.

00:23:19.000 And that applies when you're on the job and also when you're not on the job and for the rest of your life because you have to take these vaccines unless the testing option is valuable.

00:23:30.000 Well, what?

00:23:32.000 So the male voice is Justice Alito.

00:23:36.000 The female voice is the Marxist solicitor general that works for Biden.

00:23:41.000 And basically he's saying, wait a second, how are you trying to say that we now need to vaccinate unvaccinated people to try to protect against vaccinated people?

00:23:55.000 Alito continued by asking about adverse reactions to the vaccine.

00:24:03.000 And that segues beautifully to a news story out of NPR, which I want to build out an argument around that, which is really important.

00:24:10.000 Justice Delito continues, CUT 96.

00:24:16.000 But is it not the case that these vaccines and every other vaccine of which I'm aware and many other medications have benefits and they also have risks?

00:24:26.000 And that some people who are vaccinated and some people who take medication that is highly beneficial will suffer adverse consequences.

00:24:36.000 Is that not true of these vaccines?

00:24:39.000 Let's go to Cut 98 then, where Justice Thomas says, is a vaccine the only way to treat COVID?

00:24:47.000 We know it's not true, the only way to treat COVID.

00:24:50.000 We know about early intervention.

00:24:53.000 Play Cut 98.

00:24:55.000 This probably doesn't go to the dispositions matter, but is a vaccine the only way to treat COVID?

00:25:07.000 It is certainly the single most effective way to target all of the hazards OSHA identified, both the chances of contracting the virus in the first place, the risk of infecting other workers on the work site, and with respect to the negative health consequences, that vaccination provides protection on all of those fronts.

00:25:24.000 Even though the most vaccinated places, like Israel, are showing record rates, even though you have 100% vaccinated ships that are spreading the virus.

00:25:40.000 Israel, right now, one of the most vaccinated and boosted nations in the world, has just reported a new number of COVID-19 cases yesterday.

00:25:53.000 Highest ever.

00:25:54.000 So what data is she actually reading from?

00:25:57.000 Now, Alito is onto something.

00:25:59.000 Alito is saying, wait a second.

00:26:02.000 There very well might be adverse events.

00:26:05.000 Do we have 97?

00:26:06.000 Is that the one?

00:26:07.000 Okay.

00:26:08.000 97 is where Alito goes deeper into the adverse events.

00:26:12.000 And then I want to read to you a national public radio article that came out this morning, taxpayer-funded government article, PlayCut 97.

00:26:22.000 There is a risk, right?

00:26:25.000 Has any other, has OSHA ever imposed any other safety regulation that imposes some extra risk, some different risk on the employee, so that if you have to wear a hard hat on the job, wearing a hard hat has some adverse health consequences.

00:26:45.000 Can you think of anything else that's like this?

00:26:48.000 I can't think of anything else that's precisely like this, but I think that to suggest that OSHA is precluded from using the most common, routine, safe, effective, proven strategy to fight an infectious disease at work would be a departure from how the statute should be understood.

00:27:05.000 Now, Alito's getting into the adverse events.

00:27:08.000 He's getting, hold on a second.

00:27:09.000 What about VAIRS, your own government's website?

00:27:13.000 Now, this is a very important point.

00:27:18.000 For those of us that study the news and we report it for hours a day and we really take time to prep our shows and our commentary, you start to see a certain pattern from the regime.

00:27:29.000 There's something called a drip strategy.

00:27:37.000 A drip strategy is where there is a slow-motion cover-up that happens over a long period of time with seemingly unconnected data points that when looked back retrospectively a couple years later, someone will be able to discount the bombshell smoke and gun revelation by sharing a multitude of otherwise unrelated articles proving the point.

00:28:05.000 Let me give you an example.

00:28:07.000 If you'd read the news carefully, you're starting to see more and more mainstream outlets, NPR, New York Times, report on health complications that happen after getting the vaccine.

00:28:22.000 For example, the New York Times had one where they said myocarditis presents a risk to young boys.

00:28:28.000 Wall Street Journal.

00:28:29.000 There's all these different ones.

00:28:32.000 And unless you connect them all together, they seem to just kind of be one-offs, right?

00:28:37.000 They seem to be rare, but they do it for a reason.

00:28:39.000 It's a drip campaign to try to cover their tail in case they're ever questioned.

00:28:44.000 Well, National Public Radio this morning, NPR.

00:28:48.000 COVID vaccines may briefly change your menstrual cycle, but you should still get one.

00:28:55.000 Now, forget the second part, paid for by Pfizer, you should still get one.

00:29:00.000 COVID vaccines may briefly change your menstrual cycle.

00:29:03.000 When we said this over the summer, we were fact-checked by social media companies and we had our own post taken down.

00:29:11.000 How did I know this?

00:29:12.000 Is it through my 20 years of experience as an OBGYN?

00:29:16.000 No, I just talk to human beings.

00:29:18.000 And I happen to have an audience that engages us that emailed me freedom at charliekirk.com.

00:29:18.000 That's how.

00:29:22.000 Remember that, Connor?

00:29:24.000 We got thousands and thousands and thousands and thousands of emails from women saying, Charlie, my cycle's all screwed up.

00:29:30.000 Charlie, I'm having big problems.

00:29:32.000 Charlie, my friend miscarried.

00:29:34.000 And now you have NPR, National Public Radio, doing a little bit of a trial balloon, doing a little bit of a drip campaign saying, oh, yeah, hey, by the way, your menstrual cycle might change, but you should still get one.

00:29:45.000 And then you add the myocarditis, you add the VARES data.

00:29:48.000 All of a sudden, Alito asking those questions, he might be onto something.

00:29:55.000 Look, everyone out there has been asking me, Charlie, how do I get more pillows?

00:30:00.000 Well, that's mypillow.com.

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00:30:54.000 Just to complete the point, though, is that you start to see a drip campaign by the regime media as a way to try and say in the future, well, as previously reported, basically like this is not a story.

00:31:10.000 We told you the vaccines weren't totally safe.

00:31:13.000 It is a slow-motion gaslighting campaign.

00:31:18.000 Okay, Cut 100.

00:31:19.000 The Chief Justice Roberts, just a couple minutes ago, suggested that OSHA cannot authorize a vaccine or test mandate because Congress wasn't thinking about COVID when it passed the law 50 years ago.

00:31:31.000 Now, this is not, I'm not going to compliment John Roberts for like a heroic constitutional interpretation here.

00:31:38.000 This is really simple stuff.

00:31:40.000 Play Cut 100, and I'm going to build out the significance of it.

00:31:42.000 Play Cut 100.

00:31:44.000 Well, you're saying that Congress acted.

00:31:48.000 Don't complain that Congress hasn't done anything and that, you know, that was 50 years ago that you're saying Congress acted.

00:31:55.000 I don't think it had COVID in mind.

00:31:56.000 That was almost closer to the Spanish flu than it is to today's problem.

00:32:02.000 Now, I understand the idea that agencies are more expert than Congress.

00:32:09.000 I understand the idea that they can move more quickly than Congress.

00:32:14.000 But this is something that the federal government has never done before, right?

00:32:19.000 Mandated vaccine coverage.

00:32:22.000 It's true that there has been no standard that looks exactly like this one.

00:32:25.000 The federal government has encouraged vaccination as this standard does in other provisions like the Bloodborne Pathogen Standard.

00:32:31.000 And masking and medical testing of employees are common features of OSHA standards.

00:32:36.000 So what John Roberts is getting at, what he's saying is, wait a second.

00:32:40.000 When Congress established OSHA, I don't think they had in mind being able to mandate a vaccine with COVID.

00:32:48.000 Now, this is an important point.

00:32:50.000 This goes to show how lazy and how sloppy both Congress and the courts have become.

00:32:57.000 The Constitution did not anticipate, the framers did not anticipate, a fourth branch of government to be created simply and solely to be able to make the laws and to interpret them and to be able to have an untouched ability.

00:33:16.000 Where John Roberts should have gone, but he's basically too afraid to do so.

00:33:20.000 He said, wait, wait a second.

00:33:21.000 John Roberts, hey, wait a second.

00:33:23.000 Where in the Constitution does it give the authority to create an agency that is completely immune to legislative congressional oversight that the President of the United States can just sign by the stroke of a pen to go into private businesses?

00:33:37.000 Now, the reason John Roberts didn't say that is it would have undone the court's laziness the last 40 years that would have created the regime of the independent regulatory agencies that would have allowed the SEC, the FDIC, the EPA, any one of these regulatory agencies.

00:33:53.000 The Federal Trade Commission is another great example.

00:33:56.000 The CFIB, the Consumer Financial Protection Bureau, all of these different ones.

00:34:01.000 But that really gets to the heart of the issue, doesn't it?

00:34:03.000 Which is we have here the fourth branch of government flexing its muscles, and Roberts is basically saying, wait a second, I don't think that they were thinking about this.

00:34:12.000 Now, all of these mandates are built off of a bad decision that happened in 1905, Jacobson v. Massachusetts. 0.94

00:34:20.000 That decision was actually cited by Justice Louis Brandeis for the forced sterilization of, quote, idiot women, not my term, the term in the 1920s of tens of thousands of women that were forcibly sterilized because their IQs were too low.

00:34:36.000 And that was because of the Jacobson v. Massachusetts decision that is basically being challenged right now, not explicitly. 0.73

00:34:45.000 This is not a direct appeal to Jacobson v. Massachusetts, but this is a question holistically about vaccines.

00:34:51.000 And it's looking less and less like a vaccine and more and more like an injectable therapeutic.

00:35:01.000 So where is this going to land?

00:35:02.000 Because I know a lot of you have been saying, all right, Charlie, I got to, am I going to keep my job?

00:35:06.000 What's going to happen?

00:35:09.000 If.

00:35:12.000 If, if, if Amy Coney Barrett rules correctly, if Amy Coney Barrett does what she should do, the Supreme Court should strike down this vaccine mandate.

00:35:26.000 Based on these arguments, and we have very little indication on where Kavanaugh's head is at, but he's actually been okay on these types of issues.

00:35:34.000 But Amy Coney Barrett was very disappointing when an Indiana case with Indiana University of her home circuit, she actually was from Notre Dame, if you remember. 0.99

00:35:42.000 She didn't want to get involved.

00:35:44.000 Axios just said, Supreme Court seems skeptical of Biden's vaccine mandates.

00:35:49.000 I don't know where Roberts is going to land.

00:35:51.000 I don't really care.

00:35:52.000 If Thomas rocks solid, Alito rocks solid, Gorsuch rocks solid.

00:35:58.000 Kavanaugh, hopefully okay.

00:36:03.000 Amy Coney Barrett's the big question mark.

00:36:06.000 We'll see if she wants to be someone who loves the Constitution or a younger Ruth Bader Ginsburg. 1.00

00:36:12.000 We'll see.

00:36:13.000 Thank you so much for listening, everybody.

00:36:14.000 Email us your thoughts.

00:36:15.000 As always, freedom at charliekirk.com.

00:36:17.000 And if you want to support our show, go to charliekirk.com/slash support.

00:36:21.000 Thank you so much for listening, everybody.

00:36:22.000 God bless.

00:36:25.000 For more on many of these stories and news you can trust, go to CharlieKirk.com.

The Charlie Kirk Show - January 07, 2022

Supreme Court Showdown: Are Vaccine Mandates Dead?

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