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[0] President Biden has ordered sweeping vaccine mandates that impact as many as 100 million Americans.
[1] The president's plan involves using OSHA to impose fines on companies that don't comply.
[2] But does the administration have the authority to enforce those mandates?
[3] We'll look at the legal questions behind the president's controversial vaccination orders.
[4] I'm John Bickley with Georgia Howe.
[5] It's Monday, September 13th, and this is Morning Wire.
[6] Inflation has hit record highs over the last few months.
[7] We'll look at just how much prices have spiked and what's driving the alarming increases.
[8] And Californians head to the polls tomorrow to vote on whether or not to recall Democratic Governor Gavin Newsom.
[9] On the eve of the election, how much support does the recall effort have?
[10] And which candidate has the best shot at taking over?
[11] Thanks for waking up with Morning Wire.
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[19] On Thursday, President Biden announced that he will impose vaccine mandates on all private companies, that employ more than 99 workers.
[20] The president's plan involves using the occupational safety and health administration, or OSHA, to fine companies $14 ,000 per infraction if they don't require proof of vaccination or weekly negative tests for employees.
[21] Here to discuss the legal questions surrounding the president's vaccine mandates is Andrew Kloster, the former Deputy General Counsel for the Office of Personnel Management in the White House.
[22] So, Andrew, to start with the biggest question, does the president actually have authority to impose vaccine mandates on private companies, even if it's through OSHA?
[23] So under the occupational safety and health administration, their statutory authority, what the president has done is directed OSHA to come out with what will likely be an emergency rule with immediate effect nationwide.
[24] We haven't seen the details of that yet.
[25] following that emergency order, OSHA has, under their statute, six months to come out with a more permanent order.
[26] So we don't actually have the details of specifically the scope or the justification of this rule, so we don't actually know all of the ways that this thing will be challenged.
[27] So how is this not imposing on state's rights?
[28] Obviously, the states under our federalist system have the primary authority to deal with health issues, sometimes the term police powers use, but states are supposed to be, they have essentially plenary or unlimited authority over their citizen.
[29] The federal government is supposed to be one of limited and enumerated powers.
[30] So OSHA is passed because, you know, the federal government does have commerce authority.
[31] And typically what that means is that the federal government does get involved with a lot of issues with larger employers.
[32] They can't really touch the small ones because the argument is those small employers constitutionally are outside the federal government's mandate, but they're going to be targeting larger employers, and the Biden administration will undoubtedly be looking squarely at putting this within the existing statute that we have on the books.
[33] So is that part of the rationale for the 100 employees stipulation that these are larger companies?
[34] I think that's right.
[35] They want to carve out.
[36] First of all, there are many small businesses that would raise a stink rightly so.
[37] You would have very difficult enforcement.
[38] And honestly, given the way that our culture has been going, I think a lot of these large employers, Google, Facebook, Apple, are happy to have this federal mandate to give them some kind of air cover to do what they already want to do.
[39] I see.
[40] What do you expect in terms of legal challenges?
[41] Could they be successful?
[42] Well, a lot of that, I think, would depend on what we end up seeing, what the carve -outs are.
[43] If you recall, under the contraceptive mandate, there were lots of, under the Obama administration, there were many carve -outs, and that actually was relevant to the constitutional discussion, because the government can't have its cake and eat it too.
[44] It can't say this is extremely important and then start making Swiss cheese and carve -outs all the time.
[45] So the carve -outs would diminish the government's argument that this is a public health emergency?
[46] Correct.
[47] So I think that there are going to be ultimately two sorts of challenges that we'll see against either of these mandates in whatever form that they take.
[48] You will see possibly constitutional challenges.
[49] I'm not sure that those constitutional challenges will actually be successful, but I think there will be many, many statutory or administrative procedure act challenges saying that this is exceeding what's actually on the books, the delegation that Congress gave to OSHA.
[50] Well, Andrew, we really appreciate you coming on today.
[51] Great.
[52] Thank you.
[53] That was Andrew Kloster, former White House Legal Counsel.
[54] Coming up, prices on consumer goods rise at record rates.
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[61] As the U .S. economy continues to recover from COVID lockdowns, inflation rates have skyrocketed.
[62] Now, new data from the Labor Department shows that prices on consumer goods went up more in the last year than at, any other point on record.
[63] Here with the details on what's causing the spike and how it's impacting Americans nationwide is Daily Wire Managing Editor Cabot Phillips.
[64] So, Cabot, we're seeing a record increase.
[65] Can you give us a little context on why this is happening?
[66] So each month, the Labor Department tracks the final demand price for wholesale goods.
[67] That's basically just a fancy way of saying the amount of money that producers sell their products for each month.
[68] And this August, prices were up 8 .3 % compared to last.
[69] August.
[70] Like John said, that's the biggest 12 -month increase ever recorded.
[71] And it's got economists sounding alarm bells over inflation.
[72] Sure.
[73] And what products are we seeing with the biggest jumps?
[74] So we've seen increases across the board.
[75] For example, the price on things like makeup and hair products jumped 7 .8 % in the last month alone.
[76] Wow.
[77] We also saw the price of chicken rise another 11%.
[78] If you look back over the last year, it kind of zoom out.
[79] The price of beef is up 59%.
[80] cooking oil is up 43 % and wholesale grain is up 98%.
[81] So for everyone at home who's saying it feels like my dollar isn't going as far, you're not crazy, it is real.
[82] Yeah, I can relate, actually.
[83] And what population is most affected?
[84] Well, anytime the dollar loses strength, everyone is impacted.
[85] 70 % of Americans said in a recent poll that they felt the impact of higher grocery prices, and 67 % said the same about gasoline prices.
[86] experts say it's low -income households, actually, who are typically most impacted by inflation.
[87] That's because a higher percentage of their monthly income typically goes towards products more heavily impacted by inflation, mainly food and energy costs.
[88] So what do we know about the causes for the inflation right now?
[89] That's where the debates start.
[90] The Biden administration has attempted to put the blame on COVID, and that's true to a certain extent.
[91] The lockdowns did impact the supply chain and a certain level of inflation.
[92] is to be expected during an economic recovery, like the one we're in now.
[93] Right.
[94] But there's definitely more to it.
[95] Most experts also blame the increase in government spending for inflation.
[96] There's been over $6 trillion that's just been dumped into the economy in the last year alone.
[97] And it's economics 101.
[98] The more dollars there are in circulation, the less they're worth.
[99] And that's why purchasing power has been weakened for the majority of Americans.
[100] And how long do we expect this to go on?
[101] Is this going to level out pretty soon?
[102] That's the other big question.
[103] So officials at the Federal Reserve and White House economists say inflation should start to taper off in the next few months, but you'll remember we heard that same message six months ago and then again three months ago and it's actually worse now than it was then.
[104] So the Fed, they're standing firm.
[105] They insist that they won't be changing interest rates, which means it's anyone's guess at this point, how long this goes on.
[106] And what are the politics of this?
[107] What do we think the political impact will be?
[108] Well, there's a reason that the saying goes, people vote with their pocketbooks.
[109] And based on polls, that's bad news for Democrats right now.
[110] In one poll last month, 86 % of Americans said they're concerned about inflation.
[111] And 79 % said President Biden's policies were contributing to the spike.
[112] It's also worth noting that minority communities, especially African Americans and Latinos, are the most likely to report feeling the effects of inflation in their day -to -day lives.
[113] And that part in particular is bad news for Democrats.
[114] who typically rely on those communities as electoral strongholds.
[115] So high -profile Democrats right now are trying to say inflation is largely out of their control.
[116] And the messaging from Republicans is that your dollar doesn't go as far under Democrats.
[117] So that's the battle we're seeing right now.
[118] And you can expect to hear a whole lot more of that, especially as midterms approach next year.
[119] Right.
[120] Cabot, thanks for reporting.
[121] Any time.
[122] Daily Wire Managing Editor, Cabot Phillips.
[123] The long -term effort to remove California Governor Gavin Newsom has reached its climax, with the recall election just one day away.
[124] Here to discuss his daily wires Ian Howarth.
[125] So, Ian, we're on the eve of the election.
[126] It's been a long time coming.
[127] What's its stake tomorrow?
[128] Tomorrow, Tuesday, September 14th, Californians will decide whether or not Governor Gavin Newsom should be removed as governor.
[129] And if he is removed, who should replace him for the remainder of his term, which ends in January 2023?
[130] So remind us, how does the recall election work in California?
[131] Yeah, so this recall election is made up of two questions.
[132] The first is a simple yes -no question asking voters if they want to recall Gavin Newsom.
[133] Voters will then be asked to select from a list of alternative candidates from all parties who should replace him in the event that Newsom is recalled.
[134] So we've looked a little bit at the polls over the last few weeks.
[135] How are they shaping up?
[136] Well, polls regarding the yes -no question might spark some concerns.
[137] for those who want Newsom removed, at least for those who trust the polls.
[138] Right.
[139] In July, the polls between keep and removed tightened and were effectively 50 -50 in August, but since the end of that month, the polls seem to suggest that the keep vote is the clear favorite, with the latest polling averages showing that 56 .2 % of those surveyed want Newsom to remain as governor, while 41 .6 % want him removed.
[140] So there's a lot of work to do here for those who want Newsom recalled, and they're going to have to get the vote out on Tuesday.
[141] Do we have any sense of what's causing the surge with the Keep Newsom vote?
[142] There are a lot of moving parts here, such as the reframing of the recall election as a far -right move against Democrats, but maybe a bigger factor is the subject of funding.
[143] California has some pretty loose financing rules for recall elections, which has allowed Newsom to take full financial advantage.
[144] Big donors have allowed him to raise more than $70 million, a massive number only achieved because California has no limits on donations to recall committees.
[145] million, wow.
[146] Yeah, and donations include $3 million from the CEO of Netflix, $500 ,000 from George Soros, and $750 ,000 from Priscilla Chan, Mark Zuckerberg's wife.
[147] Okay, so let's look at that second question on the ballot.
[148] Who could replace Newsom?
[149] Who's got the best shot?
[150] It's fair to say at this point that Elder is blowing away the competition in the second part of this election, at least according to poll data, where he's leading his closest rival by more than 20 percentage points.
[151] When I chatted with Larry Elder a week or two ago about his campaign, he said that the growing problems in his home state were the driving factor behind his decision to run.
[152] Well, Ian, my initial reaction was no, hell no, something along those minds that for the very first time people are leaving California like you guys have, and the number one reason that people cite for leaving is the cost of housing.
[153] In this interview, which you can check out on the Deliwa's YouTube channel, Elder discussed COVID -19, a topic which was the final straw for many who were advocating to recall Gavin Newsom.
[154] Elder talked about Newsom's multiple COVID policies, the drastic negative impact they had on the state's economy, as well as the hypocrisy of Newsom's famous French laundry scandal, but he also explained the real human impact widespread lockdowns have on those who need help the most.
[155] So with Larry Elder's campaign message being so overwhelmingly popular with those who want to see the governor removed, this entire election hangs on whether enough republicans Republicans will head to the polls on Tuesday and vote yes on recalling Gavin Newsom.
[156] That's a big vote tomorrow in California.
[157] Thanks for the update, Ian.
[158] Daily Wires, Ian Howarth.
[159] Other stories we're tracking this week?
[160] The UK Health Chief announced Sunday that the country will abandon its plans for vaccine passports and may soon end mandatory testing for returning travelers.
[161] Democratic Senator Joe Manchin of West Virginia announced Sunday that he will not support his party's $3 .5 trillion dollar budget reconciliation package.
[162] His decision marks a significant setback for President Biden's build -back better agenda, as the bill will need the support of all Democrat senators to pass.
[163] And the CEO of Tech Giant's Salesforce has offered to assist Texas -based employees in moving out of the state if they, quote, have concerns about access to reproductive health care.
[164] The company, based in San Francisco, is one of several tech companies to react against the new Texas law banning abortions after six weeks.
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[166] That's all the time we've got this morning.
[167] Thanks for waking up with us.
[168] We'll be back tomorrow with the news you need to know.
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[170] Thank you.