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Is Biden’s Vaccine Mandate Legal? Constitutional Expert Explains

After President Joe Biden finished his speech last Thursday evening announcing new COVID-19 vaccine mandates, a reporter called out, “Is this constitutional?” Biden, leaving the room, did not stop to answer. 


The president’s new vaccine mandate directs the Occupational Safety and Health Administration, part of the Labor Department, to require all organizations with 100 employees or more either to test their employees weekly for COVID-19 or ensure they are vaccinated. Biden also signed an executive order requiring that all federal employees and contract workers be vaccinated. 


One of the most important questions to ask is whether OSHA "has the statutory authority ... to issue a rule of this type,” Heritage Foundation legal scholar John Malcolm says. 

Biden’s requirements likely will affect between 80 and 100 million Americans, some of whom now face the choice of taking a COVID-19 vaccine or losing their job. 


Malcolm, who is a senior legal fellow at Heritage and directs its Meese Center for Legal and Judicial Studies, joins “The Daily Signal Podcast” to explain the constitutionality of vaccine mandates and the likelihood that litigation over a new OSHA rule will rise to the Supreme Court. (The Heritage Foundation is the parent organization of The Daily Signal.)


We also cover these stories:

  • Arizona Attorney General Mark Brnovich announces the filing of a lawsuit against the Biden administration in response to proposed vaccine mandates.
  • Secretary of State Antony Blinken appears before the Senate Foreign Relations Committee to face questions about the hasty U.S. withdrawal from Afghanistan.
  • Senate Democrats unveil legislation to change federal election law in response to new Republican-led election reforms in Texas and Florida.


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10/15/2021

Kevin Roberts Explains His Top Priorities as Heritage Foundation’s Next President

The Heritage Foundation announced Thursday that Kevin Roberts will serve as the organization’s next president.Roberts says he is eager to advance the conservative movement and address some of the most pressing issues facing our nation today."The top three [critical issues that we are facing right now] are education, education and education,” Roberts says, adding that conservatives will miss an “opportunity of a lifetime” if we cannot come together and address what is “broken about the education system.”The immigration crisis at America’s southern border and the “administrative state, the power of the executive branch to do the legislating rather than the legislative branch [doing it]” are also critical issues Roberts says he looks forward to working to fix.Roberts is coming to the Washington, D.C. based think tank after serving as president and CEO of the Texas Public Policy Foundation in Austin, Texas.(The Daily Signal is the news outlet of The Heritage Foundation.)He joins “The Daily Signal Podcast” to discuss his vision for the future of The Heritage Foundation and the conservative movement.We also cover these stories: YouTube temporarily suspends Steven Crowder, host of the "Louder With Crowder" podcast, for “hate speech.”The Supreme Court changes the way it handles asking questions during oral arguments.Benjamin Franklin Day Elementary in Seattle, Washington, cancels its Halloween Pumpkin Parade because school officials say it “marginalizes students of color who do not celebrate the holiday.”Enjoy the show!