Will Biden's New COVID-19 Vaccine Mandates Hold up in Court?
Big announcement from the president. Yesterday he told the country he's now mandating covert vaccines for any employer who has more than one hundred employees or people are going to be required to get tested regularly at their expense. It short end up in the court system somewhere. Which is why we turn to our constitutional law expert. David co from lynn. Pinker hurston swagman. Good morning david your morning. How're you doing. Good let's get right to it is. It's going to hold up in court. Well it's It's got some trouble sign trouble. Lights flashing on it He what he did was he said. I'm going to ask the department of labor which means osha to come up with some regulations that require businesses to the stuff. You're saying about testing with employers over one hundred people Okay fair enough. The president can make that request of the agency but presidents do that a lot and when agency start rushing to try to please the boss courts get real interested remember. president trump. Had this happened a lot like the end. The daca case and you know courts are skeptical with agencies rush their work so what arguments are opponents gonna use if they file legislation or file a lawsuit. So they're gonna say the phrase they used in the challenges to some of the regulations encouraged by the trump administration. Were the the phrase in the law is arbitrary and capricious which is a fancy way of saying. They didn't show their work. There's a set way you're supposed to go about enacting a new rule. When you're an administrative agency any agency not just osha and we're agencies get in trouble is when the president says we've got to do this real quick if god did this real quick and they come out with something kinda controversial. They have heard from everyone. They haven't built a full record. The courts are going to say guys you didn't you didn't show your work it's arbitrary and capricious you've got to go back to square one