Friday | November 5th, 2021
It’s Friday, November 5th, and this is your Morning Wire. Listen to the full podcast:
1) The Daily Wire Sues Biden Administration
The Topline: On Thursday, the federal government unveiled a much anticipated and controversial OSHA rule requiring large companies to enforce Covid-19 vaccinations for employees. Almost immediately, companies, including The Daily Wire, shot back with legal challenges.
Quote Of The Day: “We’ve made it very clear that we will not comply with this mandate. So you could say we’re pretty confident.”
– The Daily Wire’s in-house counsel Josh Herr
MANDEL NGAN / AFP / Contributor via Getty Images
The OSHA Rule
The Daily Wire’s in-house counsel, Josh Herr, told Morning Wire the order is essentially a vaccination mandate for private businesses with more than 100 employees. It goes into effect January 4th.
The order forces companies to verify employees are vaccinated. If they refuse, they either have to be tested weekly and wear a mask at all times, or be fired.
Penalties: If a company fails to enforce this vaccine order, it is subject to fines of $13,653 per occurrence. But if OSHA deems a business to be an “egregious” or repeat violator, it can fine a company $136,000 for each employee who does not comply – repeatedly.
The Daily Wire Lawsuit
The Daily Wire is filing a motion to stay enforcement of OSHA’s rule with the 6th Circuit.
It argues the federal government has no power under the Constitution to force half the U.S. private sector workforce to be vaccinated against their will or to endure repeated medical testing as a condition of earning a living.
It also argues that even if the federal government did have this power, Congress never delegated the power to OSHA, meaning this type of rule would be in violation of the Administrative Procedure Act, making it unconstitutional.
The mandate also exposes businesses to liability to their employees by forcing the company to require employees to divulge personal health information and potentially identify their religious affiliation.
Samuel Corum/Bloomberg/Contributor via Getty Images
2) Supreme Court Takes On New York Gun Law
The Topline: The Supreme Court heard arguments Wednesday on New York State’s Concealed Weapons Law.
Quote Of The Day: “I think it’s very, very likely that you have…probably six, possibly seven justices who…strike down New York’s law…essentially
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