1 00:00:00,080 --> 00:00:03,320 Speaker 1: Welcome to today's edition of the Clay Travis and Buck 2 00:00:03,360 --> 00:00:07,360 Speaker 1: Sexton Show podcast. The third hour of The Clay Travis 3 00:00:07,360 --> 00:00:11,479 Speaker 1: and Buck Sexton Show is here already. Friends, make sure 4 00:00:11,520 --> 00:00:14,080 Speaker 1: you subscribe to download the podcast of the Clay Travis 5 00:00:14,080 --> 00:00:16,239 Speaker 1: and Buck Sexton Show. If you missed any part of it, 6 00:00:16,560 --> 00:00:18,160 Speaker 1: you can always go back and listen on demand. There's 7 00:00:18,160 --> 00:00:20,680 Speaker 1: also the Buck Sexton Podcast, which comes out earlier in 8 00:00:20,680 --> 00:00:22,920 Speaker 1: the morning. Short at fifteen to twenty minutes. Quit run 9 00:00:22,920 --> 00:00:26,040 Speaker 1: down the day's events, and we want to do some 10 00:00:26,120 --> 00:00:29,080 Speaker 1: open line Friday here eight hundred two eight two two 11 00:00:29,160 --> 00:00:32,040 Speaker 1: eight eight two. You want to chat with us, please do. 12 00:00:32,479 --> 00:00:35,080 Speaker 1: Shannon Bream, who's as I speak to you currently on 13 00:00:35,080 --> 00:00:37,560 Speaker 1: Fox right now, actually talking about the Supreme Court, the 14 00:00:37,600 --> 00:00:41,159 Speaker 1: Fox News chief Legal correspondent, should be with us at 15 00:00:41,200 --> 00:00:42,680 Speaker 1: what we call him biz as the bottom of the hour, 16 00:00:42,720 --> 00:00:46,159 Speaker 1: so that'll be two thirty Eastern time to thirty is 17 00:00:46,280 --> 00:00:48,919 Speaker 1: Eastern time, to talk about the oral arguments today in 18 00:00:48,960 --> 00:00:52,920 Speaker 1: a very consequential case, a very consequential decision from the 19 00:00:52,920 --> 00:00:54,960 Speaker 1: Supreme Court on both whether to put a stay in 20 00:00:55,040 --> 00:00:59,120 Speaker 1: place over the Ocean Mandate and whether the Biden Ocean 21 00:00:59,160 --> 00:01:04,360 Speaker 1: Mandate is it's self constitutional. And this is all happening, 22 00:01:04,400 --> 00:01:07,360 Speaker 1: mind you, with a Biden regime that has seemed like 23 00:01:07,360 --> 00:01:10,720 Speaker 1: it is completely unwilling to change any aspect of the 24 00:01:10,760 --> 00:01:13,440 Speaker 1: strategy other than more of what it's already done, always 25 00:01:13,440 --> 00:01:17,200 Speaker 1: got to do more, despite the fact that we've seen 26 00:01:17,840 --> 00:01:21,560 Speaker 1: record high caseload. And remember they're they're telling us on 27 00:01:21,560 --> 00:01:23,680 Speaker 1: the one and omicron is much less dangerous, but they 28 00:01:23,680 --> 00:01:27,240 Speaker 1: also are telling us that the vaccines create a whole 29 00:01:27,319 --> 00:01:31,440 Speaker 1: lot less hospitalization and death. So you have multiple factors 30 00:01:31,480 --> 00:01:35,600 Speaker 1: here working in favor of things not being at the 31 00:01:35,720 --> 00:01:38,080 Speaker 1: absolute worst that they were to say, exactly a year 32 00:01:38,120 --> 00:01:39,920 Speaker 1: ago now, I think a year ago, give or take 33 00:01:39,959 --> 00:01:43,039 Speaker 1: a few days. This time was the absolute peak for 34 00:01:43,080 --> 00:01:46,399 Speaker 1: cases and fatalities in the US from COVID. So the 35 00:01:46,440 --> 00:01:49,480 Speaker 1: Biden administration doesn't seem willing to change the path tings 36 00:01:49,560 --> 00:01:51,640 Speaker 1: the course here at all. We did want to get 37 00:01:51,640 --> 00:01:53,680 Speaker 1: to some of your calls. And when I say it 38 00:01:53,760 --> 00:01:56,400 Speaker 1: changed the course, I just mean adjust based upon the 39 00:01:56,400 --> 00:02:00,080 Speaker 1: new data, the new information that's come in, and you know, 40 00:02:00,280 --> 00:02:03,160 Speaker 1: maybe MASK mandates we can stop the pretense, Maybe we 41 00:02:03,200 --> 00:02:05,080 Speaker 1: can just give that up. We played our Mask Anxiety 42 00:02:05,120 --> 00:02:09,200 Speaker 1: Disorder public service announcement before just makes if they were 43 00:02:09,200 --> 00:02:11,480 Speaker 1: willing Clay and I just want to talk about this 44 00:02:11,480 --> 00:02:12,680 Speaker 1: with you for a second, and then we've got all 45 00:02:12,720 --> 00:02:15,080 Speaker 1: these calls lined up. But if they were just willing 46 00:02:15,120 --> 00:02:20,240 Speaker 1: to adjust a little bit to show reason, rationality, and 47 00:02:20,240 --> 00:02:23,799 Speaker 1: a willingness to engage with the actual data, I would 48 00:02:23,840 --> 00:02:27,720 Speaker 1: feel much better what we have seen. It is essentially 49 00:02:27,760 --> 00:02:32,760 Speaker 1: one hundred percent the case that they will ignore evidence 50 00:02:32,760 --> 00:02:35,840 Speaker 1: and data that shows what they've done was ineffective, and 51 00:02:35,919 --> 00:02:37,520 Speaker 1: if anything, they'll just say we have to do more 52 00:02:37,520 --> 00:02:40,400 Speaker 1: of it. They'll they will not ratchet it back in 53 00:02:41,280 --> 00:02:43,720 Speaker 1: response to the failure of some of the systems they 54 00:02:43,760 --> 00:02:46,680 Speaker 1: put into place. A good example, city of Los Angeles. 55 00:02:47,320 --> 00:02:52,240 Speaker 1: Buck La has now said basically, cloth masks don't work, 56 00:02:52,639 --> 00:02:55,200 Speaker 1: and we now need you to be wearing in ninety 57 00:02:55,200 --> 00:02:59,240 Speaker 1: five high grade medical masks if you are at work. 58 00:03:00,080 --> 00:03:02,840 Speaker 1: How about just recognizing and I hope we're going to 59 00:03:02,919 --> 00:03:05,360 Speaker 1: get there soon that we are going to have a 60 00:03:05,400 --> 00:03:08,760 Speaker 1: surge potentially through the rest of January. We don't know, 61 00:03:08,800 --> 00:03:10,280 Speaker 1: because we don't know how quickly this is going to 62 00:03:10,360 --> 00:03:13,000 Speaker 1: move all over the country, and then we're going to 63 00:03:13,200 --> 00:03:17,200 Speaker 1: likely see a substantial plummet as we move into February 64 00:03:17,280 --> 00:03:20,480 Speaker 1: March April, and it starts to warm up everywhere. That's 65 00:03:20,520 --> 00:03:25,200 Speaker 1: what's going to happen. The reality is they won't tell 66 00:03:25,320 --> 00:03:28,280 Speaker 1: us that, and people like you and me who are 67 00:03:28,320 --> 00:03:32,040 Speaker 1: just looking at data are incredibly frustrated, not only because 68 00:03:32,040 --> 00:03:33,840 Speaker 1: we look at the data and we see what the 69 00:03:33,919 --> 00:03:37,320 Speaker 1: data says, but because earlier today, when the Supreme Court's 70 00:03:37,360 --> 00:03:41,320 Speaker 1: hearing their vaccine mandate, the three most left wing members 71 00:03:41,400 --> 00:03:45,320 Speaker 1: of the Court, Justice Soda Mayor, Justice Stephen Bryer, and 72 00:03:45,480 --> 00:03:51,200 Speaker 1: Justice Elena Kagan, all of them developed and shared totally 73 00:03:51,280 --> 00:03:55,440 Speaker 1: false information about COVID, which makes me wonder, why in 74 00:03:55,480 --> 00:03:58,240 Speaker 1: the world do we think they're going to reach a rational, 75 00:03:58,640 --> 00:04:01,600 Speaker 1: intelligent decision. They can't even get the basic facts of 76 00:04:01,600 --> 00:04:05,560 Speaker 1: COVID correct. How can you trust people who take almost 77 00:04:05,640 --> 00:04:09,320 Speaker 1: unlimited power into their hands on the premise that they 78 00:04:09,480 --> 00:04:12,120 Speaker 1: know what's best and they're correct, not that they have 79 00:04:12,160 --> 00:04:15,760 Speaker 1: better judgment. They are right, you are wrong, then they 80 00:04:15,760 --> 00:04:18,840 Speaker 1: are wrong. We all see it, and they never even 81 00:04:18,880 --> 00:04:21,839 Speaker 1: stop to say, wow, miss that one just a little bit. 82 00:04:22,000 --> 00:04:24,320 Speaker 1: Maybe we should approach this with a little more humility 83 00:04:24,320 --> 00:04:27,040 Speaker 1: going forward. That's why you know you can't trust Fauci. 84 00:04:27,200 --> 00:04:29,880 Speaker 1: You can't trust Biden, you can't trust well Lensky go 85 00:04:30,000 --> 00:04:34,120 Speaker 1: down the list, no comutulity and no accountability. Can we 86 00:04:34,160 --> 00:04:38,799 Speaker 1: trust the Supreme Court? I don't think so. I am cautious. 87 00:04:38,839 --> 00:04:43,719 Speaker 1: I understand that perspective. I am cautiously optimistic that we 88 00:04:43,839 --> 00:04:48,600 Speaker 1: will see a six three essential. You know, they're not 89 00:04:48,680 --> 00:04:51,600 Speaker 1: going to allow the vaccine mandate to be put in place. 90 00:04:52,040 --> 00:04:53,760 Speaker 1: And my hope is that by the time we get 91 00:04:53,760 --> 00:04:56,520 Speaker 1: to the spring in summer will be in a different 92 00:04:56,600 --> 00:04:59,440 Speaker 1: place where the argument for a vaccine mandate will be 93 00:04:59,480 --> 00:05:02,000 Speaker 1: hard to judge. I don't think do you think, I mean, 94 00:05:02,040 --> 00:05:03,560 Speaker 1: maybe he's gonna get a five four out of this. 95 00:05:03,680 --> 00:05:06,480 Speaker 1: I don't think Roberts is gonna is gonna overturn the 96 00:05:06,480 --> 00:05:08,720 Speaker 1: the mandate in the Yeah, but you know, we'll see months. 97 00:05:08,760 --> 00:05:11,920 Speaker 1: The challenge is the precedent that is being set if OSHA, 98 00:05:12,000 --> 00:05:15,400 Speaker 1: regardless of the pandemic precedent, the precedent that is being 99 00:05:15,440 --> 00:05:21,039 Speaker 1: set is so incredibly expansive if OSHA is allowed to 100 00:05:21,080 --> 00:05:24,560 Speaker 1: put this vaccine mandate in place, not just for OSHA, 101 00:05:24,680 --> 00:05:28,440 Speaker 1: and certainly not just for vaccines, but for the regulatory 102 00:05:28,520 --> 00:05:30,320 Speaker 1: state in general. And one thing that I didn't hear 103 00:05:30,440 --> 00:05:33,400 Speaker 1: enough discussion about that. I wanted to see is Congress 104 00:05:33,400 --> 00:05:36,800 Speaker 1: has spoken on this. The Senate said, we do not 105 00:05:36,960 --> 00:05:41,480 Speaker 1: support a national vaccine mandate. So they completely went head 106 00:05:41,480 --> 00:05:44,480 Speaker 1: to head with Joe Biden's authority. And not only did 107 00:05:44,560 --> 00:05:47,240 Speaker 1: they say they that they reject it, they did it 108 00:05:47,240 --> 00:05:49,520 Speaker 1: in a time when it's almost impossible to get fifty 109 00:05:49,560 --> 00:05:53,400 Speaker 1: one votes for anything. Two Democrats joined with all of 110 00:05:53,440 --> 00:05:56,960 Speaker 1: her I think it was Yeah, two Democrats join with 111 00:05:57,160 --> 00:05:59,400 Speaker 1: all of the fifty two forty eight. I believe it 112 00:05:59,480 --> 00:06:02,440 Speaker 1: was all of the Republicans to shoot down the idea 113 00:06:02,480 --> 00:06:04,680 Speaker 1: that Joe Biden had the authority to do this. We 114 00:06:04,760 --> 00:06:06,440 Speaker 1: mentioned this in the first how we didn't play it 115 00:06:06,440 --> 00:06:08,000 Speaker 1: for everybody. I thought they should hear it. And we 116 00:06:08,000 --> 00:06:10,359 Speaker 1: can also bring it up with Shannon Bream in a 117 00:06:10,360 --> 00:06:12,960 Speaker 1: few moments when she joins us. But here you have 118 00:06:13,680 --> 00:06:17,200 Speaker 1: Sonya Soto Mayor, who I just think I don't say 119 00:06:17,200 --> 00:06:21,520 Speaker 1: this out of political ire or anything. I just think 120 00:06:21,560 --> 00:06:23,839 Speaker 1: she's not at the same level as a lawyer as 121 00:06:23,880 --> 00:06:26,000 Speaker 1: the other members of the court. I just honestly don't 122 00:06:26,000 --> 00:06:29,839 Speaker 1: believe she's at the same ability of legal analysis as 123 00:06:29,920 --> 00:06:32,239 Speaker 1: the liberals and the conservatives on the rest of the court. 124 00:06:32,760 --> 00:06:36,440 Speaker 1: But here she is making a comparison that got a 125 00:06:36,440 --> 00:06:40,200 Speaker 1: fair amount of attention today. So what's the difference between 126 00:06:40,240 --> 00:06:44,600 Speaker 1: this and telling employers, where sparks are flying in the workplace, 127 00:06:44,960 --> 00:06:47,880 Speaker 1: your workers have to be wear a mask when sparks 128 00:06:47,880 --> 00:06:50,159 Speaker 1: are flying in the workplace. That's presumably because there's a 129 00:06:50,200 --> 00:06:53,480 Speaker 1: machine that's unique to that workplace. That is the Why 130 00:06:53,640 --> 00:06:56,599 Speaker 1: is the human being not like a machine if it's 131 00:06:56,640 --> 00:07:03,800 Speaker 1: spewing a virus, bloodborne virus. We're all spewing viruses all 132 00:07:03,839 --> 00:07:06,839 Speaker 1: the time. I think she probably doesn't even recognize that 133 00:07:06,839 --> 00:07:10,160 Speaker 1: we live in environments where there are literally billions and 134 00:07:10,240 --> 00:07:13,520 Speaker 1: billions of viral particles all around us all the time. 135 00:07:14,280 --> 00:07:17,040 Speaker 1: And this also, this came up today in the discussions 136 00:07:17,080 --> 00:07:20,960 Speaker 1: and in the oral arguments. This is they're regulating something 137 00:07:21,040 --> 00:07:23,480 Speaker 1: as though it's unique to an office environment, when it's 138 00:07:23,520 --> 00:07:27,440 Speaker 1: actually omnipresent in all aspects of life, and the remedy 139 00:07:27,520 --> 00:07:31,520 Speaker 1: to it is something that isn't limited to just the office. Right, 140 00:07:31,520 --> 00:07:34,120 Speaker 1: A vaccine is in you and with you and part 141 00:07:34,160 --> 00:07:37,280 Speaker 1: of your health profile. Once it's in, it's in, right, 142 00:07:37,360 --> 00:07:39,600 Speaker 1: once you get the shot. Putting on a mask so 143 00:07:39,640 --> 00:07:42,600 Speaker 1: you don't get sparks, you know, burning your eyeballs out. 144 00:07:42,920 --> 00:07:46,280 Speaker 1: That is a limited duration event that is specific to 145 00:07:46,320 --> 00:07:50,480 Speaker 1: one thing, that is clearly safety in the workplace. To 146 00:07:50,520 --> 00:07:53,480 Speaker 1: your point about the expansiveness of this, no doubt, Buck, 147 00:07:53,520 --> 00:07:55,520 Speaker 1: And what I wish we'd had more discussion of was 148 00:07:55,760 --> 00:07:59,280 Speaker 1: and Clarence Thomas kind of hinted at this. Let's talk 149 00:07:59,280 --> 00:08:01,600 Speaker 1: about the fact that the vaccine doesn't stop you from 150 00:08:01,600 --> 00:08:06,680 Speaker 1: getting or spreading the virus. So if the vaccine stopped you, 151 00:08:07,080 --> 00:08:10,680 Speaker 1: like we initially were told back in February and March 152 00:08:10,760 --> 00:08:13,400 Speaker 1: in April, hey, if you get this vaccine, you will 153 00:08:13,440 --> 00:08:17,200 Speaker 1: never get COVID and you will never spread it. That 154 00:08:17,240 --> 00:08:19,680 Speaker 1: would be an interesting argument. Say nothing of the fact 155 00:08:19,680 --> 00:08:22,920 Speaker 1: that OSHA has never mandated any vaccine for any illness before, 156 00:08:23,800 --> 00:08:26,360 Speaker 1: but if that were the case, it would be an 157 00:08:26,440 --> 00:08:31,560 Speaker 1: argument in favor of it. All this does is basically 158 00:08:31,600 --> 00:08:37,080 Speaker 1: provide some cosmetic theater, because you're still able to spread 159 00:08:37,160 --> 00:08:41,120 Speaker 1: and get the virus even after the quotation marks vaccine. 160 00:08:41,120 --> 00:08:42,240 Speaker 1: I know we got a bunch of people who want 161 00:08:42,240 --> 00:08:45,199 Speaker 1: to weigh in. Blake in North Carolina, Milke wants to 162 00:08:45,200 --> 00:08:47,960 Speaker 1: talk about it. What's up, Blake, A good afternoon. I 163 00:08:48,000 --> 00:08:51,920 Speaker 1: just got a quick observations. Last question about the Supreme 164 00:08:51,920 --> 00:08:55,360 Speaker 1: Court and the case before it. Is it not mean 165 00:08:55,440 --> 00:08:57,520 Speaker 1: my education might be sure of it. Is it not 166 00:08:57,600 --> 00:09:02,280 Speaker 1: the duty or Supreme Court to the the constitutionality of 167 00:09:02,280 --> 00:09:04,560 Speaker 1: a law, not whether or not they think it's a 168 00:09:04,600 --> 00:09:11,040 Speaker 1: good idea? Well, yeah, yeah, the policy versus law. Go ahead, click, yeah. 169 00:09:11,080 --> 00:09:13,000 Speaker 1: I was just gonna say, that's the essence of separation 170 00:09:13,040 --> 00:09:16,640 Speaker 1: of powers right is to determine. In theory, the court 171 00:09:16,720 --> 00:09:20,800 Speaker 1: gets to tell us what the laws impact is and 172 00:09:20,840 --> 00:09:24,560 Speaker 1: whether or not they Now, that's why I was arguing 173 00:09:24,600 --> 00:09:27,360 Speaker 1: just before, if you heard me, the precedent that would 174 00:09:27,400 --> 00:09:31,079 Speaker 1: be set here if they allow this authority to go 175 00:09:31,200 --> 00:09:36,200 Speaker 1: to OSHA as a regulatory agency, other agencies would adopt 176 00:09:36,280 --> 00:09:40,239 Speaker 1: the idea that they can also have this an expansive 177 00:09:40,400 --> 00:09:43,000 Speaker 1: of a reading of their powers. Sorry to cut you off, 178 00:09:43,320 --> 00:09:45,880 Speaker 1: but that's why the precedent that is being set here, 179 00:09:46,200 --> 00:09:48,680 Speaker 1: to me is so substantial. We may not have, hopefully 180 00:09:48,960 --> 00:09:52,320 Speaker 1: a pandemic situation like this for another hundred years, but 181 00:09:52,440 --> 00:09:55,560 Speaker 1: all of these federal regulatory agencies are going to look 182 00:09:55,600 --> 00:09:59,640 Speaker 1: towards the powers that were granted to OSHA and read 183 00:09:59,720 --> 00:10:03,400 Speaker 1: that as expansively as they possibly can for a variety 184 00:10:03,440 --> 00:10:06,720 Speaker 1: of other different issues. Yeah, so Blake raised a very 185 00:10:06,720 --> 00:10:08,960 Speaker 1: good question. I would just say one problem that comes 186 00:10:09,040 --> 00:10:11,680 Speaker 1: up with this right away. One issue is if OSHA 187 00:10:11,760 --> 00:10:16,680 Speaker 1: can do this, what can't OSHA do under the rubric 188 00:10:17,000 --> 00:10:19,720 Speaker 1: of office safety. I mean you start to think about this, 189 00:10:20,320 --> 00:10:22,880 Speaker 1: where do they actually draw the line? Right? I mean, 190 00:10:23,040 --> 00:10:26,600 Speaker 1: are they able to just tell you that whatever they 191 00:10:26,720 --> 00:10:29,080 Speaker 1: deemed to be in the interest of workers in any 192 00:10:29,120 --> 00:10:31,360 Speaker 1: kind of a health context is now going to be 193 00:10:31,400 --> 00:10:33,920 Speaker 1: mandatory or you lose your job. Remember this isn't These 194 00:10:34,000 --> 00:10:36,719 Speaker 1: aren't minor things we're talking about. There. They had to 195 00:10:36,760 --> 00:10:39,920 Speaker 1: do an analysis of how many workers will be fired 196 00:10:40,000 --> 00:10:42,200 Speaker 1: as a result of the implementation this because a lot 197 00:10:42,200 --> 00:10:44,320 Speaker 1: of people aren't going to go along with it. It's 198 00:10:44,320 --> 00:10:47,440 Speaker 1: gotten so bad already, folks. They're letting the same people 199 00:10:47,480 --> 00:10:50,600 Speaker 1: that want there to be these mandates are now saying, okay, well, 200 00:10:50,640 --> 00:10:53,560 Speaker 1: if you have COVID and you're a hospital worker, we 201 00:10:53,640 --> 00:10:55,920 Speaker 1: need you so badly that you should come in while 202 00:10:55,920 --> 00:10:59,640 Speaker 1: you're actually actively spewing COVID and tend to patience in 203 00:10:59,679 --> 00:11:04,319 Speaker 1: the hospit This is how insane these people have become. 204 00:11:05,000 --> 00:11:08,000 Speaker 1: There's no doubt and to the point of the larger question. 205 00:11:08,080 --> 00:11:12,719 Speaker 1: That's why I think the CDC eviction moratorium is actually 206 00:11:12,760 --> 00:11:17,000 Speaker 1: a really intriguing precedent here because the Supreme Court said, no, 207 00:11:17,000 --> 00:11:19,880 Speaker 1: no, no no, the CDC does not have the ability to 208 00:11:20,120 --> 00:11:25,199 Speaker 1: essentially stop mortgage payments, rent payments, everything else over an 209 00:11:25,200 --> 00:11:28,560 Speaker 1: eviction moratorium that the President tried to put in place. 210 00:11:29,240 --> 00:11:35,800 Speaker 1: We have Jason in marn Michigan. What's up Jason? Hi, guys, 211 00:11:36,000 --> 00:11:38,600 Speaker 1: high Clay a huge fan of the show. Thank you. 212 00:11:38,640 --> 00:11:40,720 Speaker 1: I just I have a quick question. Hopefully you guys 213 00:11:40,720 --> 00:11:44,800 Speaker 1: can help out a little bit. So if the ocean 214 00:11:44,840 --> 00:11:48,000 Speaker 1: mandate does go through, I guess do employees have the 215 00:11:48,080 --> 00:11:53,200 Speaker 1: right to file lawsuits for medical discrimination based on only 216 00:11:53,280 --> 00:11:58,559 Speaker 1: the unvaccinated being kind of targeted in this mandate? You can? 217 00:11:58,720 --> 00:12:01,960 Speaker 1: So it's an excellent question and my answer whenever somebody 218 00:12:01,960 --> 00:12:05,000 Speaker 1: says do employees have the right, anybody can file a 219 00:12:05,080 --> 00:12:09,600 Speaker 1: lawsuit basically for any reason anytime. That doesn't mean that 220 00:12:09,640 --> 00:12:12,360 Speaker 1: the lawsuit is likely to win on the merits of 221 00:12:12,400 --> 00:12:16,960 Speaker 1: the case. If the Supreme Court allows this OCEHA mandate 222 00:12:17,000 --> 00:12:21,600 Speaker 1: to go into effect, it will be infinitely harder for 223 00:12:21,679 --> 00:12:24,640 Speaker 1: anyone to be able to argue that they are entitled 224 00:12:24,679 --> 00:12:28,760 Speaker 1: to an exemption for any reason, the default presumption will 225 00:12:28,800 --> 00:12:31,280 Speaker 1: be no, and you'll have to somehow work your way 226 00:12:31,280 --> 00:12:34,600 Speaker 1: into an exemption depending on what the Supreme Court opinion 227 00:12:34,679 --> 00:12:37,520 Speaker 1: might actually say. So that is the challenge. That's why 228 00:12:37,559 --> 00:12:40,360 Speaker 1: it applies. We were talking about earlier to eighty four 229 00:12:40,559 --> 00:12:44,360 Speaker 1: million employees out there, two thirds of all people who 230 00:12:44,400 --> 00:12:48,160 Speaker 1: are employed in businesses that have one hundred or more employees. 231 00:12:48,440 --> 00:12:53,480 Speaker 1: It's why it's so significant. There's a lot of places 232 00:12:53,640 --> 00:12:55,520 Speaker 1: you can find a cup of coffee, or coffee beings 233 00:12:55,520 --> 00:12:57,800 Speaker 1: for that matter. But finding a great cup of coffee, 234 00:12:58,080 --> 00:13:00,360 Speaker 1: the kind that has tasted so good you immediately side 235 00:13:00,360 --> 00:13:04,240 Speaker 1: you're making time for a second cup. 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Use 263 00:14:21,800 --> 00:14:24,960 Speaker 1: the code Clay and bucket checkout for twenty percent off 264 00:14:24,960 --> 00:14:32,320 Speaker 1: your purchase and your first coffee club order. Welcome back 265 00:14:32,320 --> 00:14:35,120 Speaker 1: in Clay Travis buck Sexton Show. Appreciate all of you. 266 00:14:35,200 --> 00:14:38,200 Speaker 1: Hope you're having a fantastic Friday. Encourage you to go 267 00:14:38,240 --> 00:14:40,280 Speaker 1: subscribe to the podcast. You can start you out my name, 268 00:14:40,320 --> 00:14:43,200 Speaker 1: play Travis buck Sexton's as well. You type in Clay 269 00:14:43,400 --> 00:14:48,080 Speaker 1: or Buck Boom, iTunes, Stitcher, Spotify, Google Play, wherever you 270 00:14:48,160 --> 00:14:49,880 Speaker 1: go you can sign up. You can help us set 271 00:14:49,920 --> 00:14:53,760 Speaker 1: another new record as we've gone over ten million downloads 272 00:14:53,840 --> 00:14:56,720 Speaker 1: in December. Lots of good stuff coming this year as 273 00:14:56,720 --> 00:15:00,960 Speaker 1: we fight for truth, justice, and maybe most importantly sanity 274 00:15:01,400 --> 00:15:04,760 Speaker 1: and Buck. We're talking about a lot surrounding the Supreme 275 00:15:04,800 --> 00:15:08,480 Speaker 1: Court and whether they are willing to actually stand up 276 00:15:08,520 --> 00:15:12,480 Speaker 1: to the Biden administration as it pertains to vaccine mandates, 277 00:15:12,480 --> 00:15:16,240 Speaker 1: and certainly having this case take place in the middle 278 00:15:16,360 --> 00:15:21,920 Speaker 1: of Omicron and the surge impacts this a bit. But 279 00:15:22,240 --> 00:15:25,160 Speaker 1: you said you don't have faith in John Roberts to 280 00:15:25,480 --> 00:15:29,080 Speaker 1: actually stand up and go toe to toe with the 281 00:15:29,160 --> 00:15:34,280 Speaker 1: Biden administration. Do you have faith in the other five 282 00:15:34,320 --> 00:15:37,880 Speaker 1: Because obviously, in a nine court Supreme Court, we know 283 00:15:38,000 --> 00:15:42,520 Speaker 1: based on the questioning that Bryer, Sodomayor and Kagan will 284 00:15:42,560 --> 00:15:45,480 Speaker 1: effectively allow the Biden administration. You ask a good question, 285 00:15:45,520 --> 00:15:49,920 Speaker 1: I mean, what is the limit to federal regulatory agency power? 286 00:15:50,280 --> 00:15:52,600 Speaker 1: Based on the questions that they were asking, they would 287 00:15:52,600 --> 00:15:57,160 Speaker 1: effectively allow anything for the executive branch to be able 288 00:15:57,200 --> 00:16:00,800 Speaker 1: to do. Do you think the other five will stand 289 00:16:00,920 --> 00:16:04,280 Speaker 1: strong and combat this mandate? Do you ever see those 290 00:16:04,280 --> 00:16:07,520 Speaker 1: sumo suits that people wear sometimes that like carnivals and stuff, 291 00:16:07,560 --> 00:16:09,240 Speaker 1: you know, they put on and then they do like 292 00:16:09,280 --> 00:16:11,720 Speaker 1: the wrestling with the giants set on. So I just 293 00:16:11,840 --> 00:16:13,440 Speaker 1: want to know for the for the Libs on the court, 294 00:16:13,560 --> 00:16:16,360 Speaker 1: I mean that that would probably prevent some injuries because 295 00:16:16,400 --> 00:16:18,400 Speaker 1: you know, you wouldn't be able to, you know, to 296 00:16:18,760 --> 00:16:21,480 Speaker 1: bump into things the same way. So can you just 297 00:16:21,560 --> 00:16:23,880 Speaker 1: mandate from the federal level that everybody has to wear 298 00:16:24,000 --> 00:16:26,640 Speaker 1: all times at all offices, assuming I just want to know, 299 00:16:26,720 --> 00:16:28,880 Speaker 1: like what are the outer limits? That's one part of it. 300 00:16:29,160 --> 00:16:31,400 Speaker 1: And as for your question about do I trust no, 301 00:16:31,720 --> 00:16:34,040 Speaker 1: I think that I don't think that Amy Coney Barrett 302 00:16:34,360 --> 00:16:36,560 Speaker 1: believes in freedom enough that she will stand up to 303 00:16:36,560 --> 00:16:41,320 Speaker 1: this machinery. Remember, they're concerned about the legacy of themselves 304 00:16:41,360 --> 00:16:43,920 Speaker 1: as individuals as well as the legitimacy of the Court. 305 00:16:44,240 --> 00:16:46,480 Speaker 1: And there's a big part of the country that are 306 00:16:46,520 --> 00:16:50,480 Speaker 1: a bunch of neurotic lunatics over COVID. Still they really 307 00:16:50,520 --> 00:16:52,920 Speaker 1: think that, like, if we don't do everything that we're 308 00:16:52,960 --> 00:16:55,680 Speaker 1: being told by Fauci and Biden all the time, it's 309 00:16:55,760 --> 00:16:57,680 Speaker 1: the equivalent of murder or something. They're out of their 310 00:16:57,680 --> 00:17:00,200 Speaker 1: minds it is. It does make me wonder, in a 311 00:17:00,280 --> 00:17:04,080 Speaker 1: large extent, how much different would America be if the 312 00:17:04,119 --> 00:17:11,399 Speaker 1: Supreme Court were based in Nashville or Atlanta, Orlando, or 313 00:17:11,480 --> 00:17:15,920 Speaker 1: Houston or Dallas. Because I think there is a neurotic 314 00:17:16,480 --> 00:17:21,080 Speaker 1: fear and anxiety that exists on the East Coast and 315 00:17:21,160 --> 00:17:24,240 Speaker 1: the West Coast that is not reflected in the middle 316 00:17:24,280 --> 00:17:28,760 Speaker 1: part of the country. Cotta everybody, Yeah, everybody on to 317 00:17:29,000 --> 00:17:31,840 Speaker 1: some extent, though, buck is a product of the community 318 00:17:31,840 --> 00:17:35,159 Speaker 1: in which they live. And I wonder how much you 319 00:17:35,200 --> 00:17:38,680 Speaker 1: know if you live in Montgomery County, Maryland, for instance, 320 00:17:38,840 --> 00:17:41,159 Speaker 1: or you live in Washington, DC, or you live in 321 00:17:41,200 --> 00:17:45,680 Speaker 1: northern Virginia. There is a fear that is so paramount 322 00:17:45,840 --> 00:17:50,080 Speaker 1: about COVID that I wonder how much it infects And that, 323 00:17:50,240 --> 00:17:52,800 Speaker 1: honestly is probably the best way to describe it. The 324 00:17:52,920 --> 00:17:56,720 Speaker 1: thought processes of the Supreme Court justices, and how many 325 00:17:56,800 --> 00:17:59,200 Speaker 1: are willing to stand up to the Biden administration. I 326 00:17:59,240 --> 00:18:02,320 Speaker 1: think they're going to strike this down. I really do, 327 00:18:02,480 --> 00:18:05,600 Speaker 1: and I hope it's six three. You don't just vote 328 00:18:05,720 --> 00:18:08,520 Speaker 1: once a year or every other year. You vote every 329 00:18:08,560 --> 00:18:10,960 Speaker 1: single month with the money you spend and the companies 330 00:18:10,960 --> 00:18:13,600 Speaker 1: you spend it with. Consider your cell phone provider and 331 00:18:13,640 --> 00:18:16,399 Speaker 1: the bill you're paying each month. Your money supports the 332 00:18:16,440 --> 00:18:19,480 Speaker 1: candidates and issues they donate to. You don't decide that 333 00:18:19,520 --> 00:18:23,639 Speaker 1: they do. Could be that you're supporting leftist politicians pushing 334 00:18:23,720 --> 00:18:26,840 Speaker 1: ideas you don't believe in. There's a solution, pure talk. 335 00:18:27,200 --> 00:18:29,520 Speaker 1: Get your cell phone service from pure Talk. They use 336 00:18:29,520 --> 00:18:32,520 Speaker 1: the exact same towers, exact same five G network as 337 00:18:32,560 --> 00:18:35,000 Speaker 1: one of those companies making those donations. With puer talk, 338 00:18:35,200 --> 00:18:37,240 Speaker 1: you get the peace of mind you're supporting a veteran 339 00:18:37,320 --> 00:18:40,080 Speaker 1: run business with employees here in the US. Just one 340 00:18:40,119 --> 00:18:43,600 Speaker 1: of the many reasons we're proud customers. One lower monthly 341 00:18:43,680 --> 00:18:45,840 Speaker 1: bill you can also be proud to pay can save 342 00:18:45,880 --> 00:18:48,359 Speaker 1: the average family eight hundred dollars a year. Here's how 343 00:18:48,400 --> 00:18:51,240 Speaker 1: you sign up dal pound two fifty say puer talk 344 00:18:51,280 --> 00:18:53,840 Speaker 1: you save an additional fifty percent off your first month. 345 00:18:54,080 --> 00:19:02,080 Speaker 1: That's pound two five zero say Pure Talk. Welcome back 346 00:19:02,119 --> 00:19:05,119 Speaker 1: into the Clay traffs end Buck Sexton Show. We have, 347 00:19:05,520 --> 00:19:09,480 Speaker 1: as promised, Shannon Bream with us now. She is the 348 00:19:09,560 --> 00:19:13,560 Speaker 1: chief legal correspondent over Fox News, also a hosted Fox News. Shannon, 349 00:19:13,600 --> 00:19:16,520 Speaker 1: Thanks so much, great to be with you. What was 350 00:19:16,560 --> 00:19:20,320 Speaker 1: your biggest either takeaway, how a moment or just the 351 00:19:20,800 --> 00:19:24,199 Speaker 1: first thing as you finished listening this morning to the 352 00:19:24,359 --> 00:19:29,480 Speaker 1: arguments over the Biden administration OSHA mandate over vaccines, what 353 00:19:29,640 --> 00:19:32,800 Speaker 1: struck you about all this? Honestly, it was that some 354 00:19:32,880 --> 00:19:34,840 Speaker 1: of the information straight out of the gate that was 355 00:19:34,880 --> 00:19:38,120 Speaker 1: coming from some of the left leaning justices didn't seem 356 00:19:38,160 --> 00:19:40,560 Speaker 1: to line up with the latest information that we've been 357 00:19:40,560 --> 00:19:45,720 Speaker 1: given about omicron, about the numbers of cases. Listen, everybody 358 00:19:45,760 --> 00:19:49,120 Speaker 1: in that courtroom, and everyone acknowledges this is a serious situation. 359 00:19:49,160 --> 00:19:52,040 Speaker 1: We have lost hundreds of thousands of Americans. But some 360 00:19:52,119 --> 00:19:54,560 Speaker 1: of what they were saying from the bench that would 361 00:19:54,720 --> 00:19:58,679 Speaker 1: lend support for upholding these mandates was just a lot 362 00:19:58,720 --> 00:20:03,359 Speaker 1: of folks think actually inco Thank you for taking the 363 00:20:03,400 --> 00:20:05,160 Speaker 1: time to join us, because I know how busy today 364 00:20:05,240 --> 00:20:07,280 Speaker 1: is Shannon. And also, by the way, I know you 365 00:20:07,320 --> 00:20:09,240 Speaker 1: and I both had an awesome time down at the 366 00:20:09,240 --> 00:20:13,359 Speaker 1: Florida Beaches. You are a Florida native. How are you 367 00:20:13,400 --> 00:20:15,439 Speaker 1: coping before I get to the serious stuff with the 368 00:20:15,560 --> 00:20:20,440 Speaker 1: massive snowfall amounts that are currently falling in DC. Well, 369 00:20:20,440 --> 00:20:25,000 Speaker 1: and you guys are getting it too in Nashville. So listen, 370 00:20:25,000 --> 00:20:27,560 Speaker 1: we got another round last night. We're making the best 371 00:20:27,560 --> 00:20:28,960 Speaker 1: of it. I'm going to look out. I'm looking out 372 00:20:28,960 --> 00:20:31,480 Speaker 1: my window. I'm pretending it's sand and that mental trick 373 00:20:31,600 --> 00:20:34,560 Speaker 1: is getting me through, all right. So Buck and I 374 00:20:34,720 --> 00:20:38,760 Speaker 1: were just talking. It's clear that the left wing version 375 00:20:39,000 --> 00:20:42,479 Speaker 1: of the Supreme Court, the side of my your uh uh, 376 00:20:42,960 --> 00:20:46,320 Speaker 1: the Kagan and also the Brier votes are going to 377 00:20:46,480 --> 00:20:51,200 Speaker 1: support the right of the Osha Biden administration of OSHA 378 00:20:51,280 --> 00:20:55,440 Speaker 1: to mandate these vaccines. Will there be six votes on 379 00:20:55,480 --> 00:20:59,000 Speaker 1: the other side to not allow this mandate to take place? 380 00:20:59,320 --> 00:21:02,119 Speaker 1: I know it's difficult, but based on your read of 381 00:21:02,160 --> 00:21:04,639 Speaker 1: what you have seen so far, how is this going 382 00:21:04,680 --> 00:21:06,960 Speaker 1: to shake out in terms of where the justices are 383 00:21:06,960 --> 00:21:11,680 Speaker 1: coming down on the quote unquote right side of the equation? Yeah, 384 00:21:11,720 --> 00:21:14,120 Speaker 1: you know, it's always tough to figure out exactly where 385 00:21:14,119 --> 00:21:16,639 Speaker 1: they're going after oral arguments. But the two cases, and 386 00:21:16,640 --> 00:21:18,640 Speaker 1: we can talk about the two different ones, but I 387 00:21:18,680 --> 00:21:21,000 Speaker 1: think the ocean mandate is in more trouble than the 388 00:21:21,040 --> 00:21:25,520 Speaker 1: healthcare worker mandate, if you're talking about upholding it or not. 389 00:21:26,080 --> 00:21:28,200 Speaker 1: There seemed to be a lot more skepticism about how 390 00:21:28,240 --> 00:21:31,399 Speaker 1: far Osha has gone. You know, Justice Corsage brought up 391 00:21:31,400 --> 00:21:33,320 Speaker 1: and I don't think he was the only one. The 392 00:21:33,400 --> 00:21:36,240 Speaker 1: fact that there is a sense that the administration is 393 00:21:36,240 --> 00:21:39,040 Speaker 1: doing it and end around and run around so that 394 00:21:39,640 --> 00:21:41,959 Speaker 1: Congress is not acted in this, so they're using federal 395 00:21:42,000 --> 00:21:44,240 Speaker 1: agencies to try to get this done, and that's something 396 00:21:44,280 --> 00:21:46,840 Speaker 1: you know. Ron Klaine from the White House raised a 397 00:21:46,880 --> 00:21:49,480 Speaker 1: lot of eye rolls when he retweeted something saying that 398 00:21:49,640 --> 00:21:52,000 Speaker 1: basically for that effect. So I think there was a 399 00:21:52,040 --> 00:21:54,280 Speaker 1: lot more skepticism with the ocean mandate and whether it's 400 00:21:54,320 --> 00:21:56,439 Speaker 1: overly broad and whether the government has the power to 401 00:21:56,480 --> 00:22:00,119 Speaker 1: now affect the lives of eighty million plus Americans by 402 00:22:00,119 --> 00:22:03,639 Speaker 1: those workplace mandates. We're speaking of Shannon Bream, chief legal 403 00:22:03,680 --> 00:22:08,400 Speaker 1: correspondent for Fox News and Fox News host Shannon there 404 00:22:08,480 --> 00:22:10,600 Speaker 1: was some back and forth today Clay and I are 405 00:22:10,600 --> 00:22:12,920 Speaker 1: sitting here, and you know, I unfortunately am thinking right 406 00:22:12,920 --> 00:22:14,919 Speaker 1: now it's probably going to go six to three if 407 00:22:14,960 --> 00:22:18,320 Speaker 1: this is just my guess in favor of keeping the mandate. 408 00:22:18,359 --> 00:22:20,639 Speaker 1: But we won't know that for quite some time. In 409 00:22:20,680 --> 00:22:23,359 Speaker 1: the meantime, there is the issue of the stay, and 410 00:22:23,400 --> 00:22:25,520 Speaker 1: there was some discussion as to whether they would take 411 00:22:25,520 --> 00:22:28,760 Speaker 1: a few days to review before even ruling on the 412 00:22:28,960 --> 00:22:32,359 Speaker 1: stay meeting, that they wouldn't enforce the mandate while they 413 00:22:32,359 --> 00:22:35,800 Speaker 1: figure out if the mandate's actually constitutional. Do we know 414 00:22:36,200 --> 00:22:38,040 Speaker 1: where that stands right now? Do we have some sense 415 00:22:38,040 --> 00:22:42,000 Speaker 1: of that timeline? Yeah, I mean that's highly possible, because remember, 416 00:22:42,160 --> 00:22:43,800 Speaker 1: part of this mandate's was to kick in in a 417 00:22:43,800 --> 00:22:46,520 Speaker 1: couple of days, and so Justice Leo and some others 418 00:22:46,520 --> 00:22:49,320 Speaker 1: were pressing about, listen, what do we do an Administrative 419 00:22:49,320 --> 00:22:51,679 Speaker 1: state meeting. We're not making a pronouncement on the merits 420 00:22:51,720 --> 00:22:53,120 Speaker 1: or how we're going to decide this case, but we're 421 00:22:53,119 --> 00:22:55,240 Speaker 1: just going to kind of pause things so that we 422 00:22:55,320 --> 00:22:58,000 Speaker 1: can go through the thousands and thousands of pages of 423 00:22:58,040 --> 00:23:00,440 Speaker 1: briefs and of documents and things that have been admitted, 424 00:23:00,880 --> 00:23:03,440 Speaker 1: you know, kind of like they do those continuing resolutions 425 00:23:03,440 --> 00:23:06,040 Speaker 1: over on the Hill. They'll do funding for three days 426 00:23:06,080 --> 00:23:07,760 Speaker 1: or for five days or something till they can get 427 00:23:07,800 --> 00:23:10,880 Speaker 1: the bigger problem solved. I think it's highly possible they 428 00:23:10,880 --> 00:23:13,120 Speaker 1: may do a quick pause, but there were justices who 429 00:23:13,119 --> 00:23:15,520 Speaker 1: immediately pushed back, saying people are dying every day. We 430 00:23:15,600 --> 00:23:18,760 Speaker 1: have new cases every day, hostilizations every day, so we 431 00:23:18,800 --> 00:23:21,280 Speaker 1: really shouldn't waste any time pausing this at all. We 432 00:23:21,320 --> 00:23:24,119 Speaker 1: need to make a decision. So I think whether they 433 00:23:24,160 --> 00:23:27,359 Speaker 1: do that little quick administrative pause or they go straight 434 00:23:27,359 --> 00:23:29,160 Speaker 1: to the merits and give us that decision, I think 435 00:23:29,200 --> 00:23:30,640 Speaker 1: it's just going to be a matter of days, not 436 00:23:30,680 --> 00:23:34,000 Speaker 1: the usual months that we'd be waiting for a case. Shannon, 437 00:23:34,359 --> 00:23:37,000 Speaker 1: you got to listen to most all of the arguments 438 00:23:37,040 --> 00:23:39,320 Speaker 1: we were on the air as this thing continued. You 439 00:23:39,359 --> 00:23:43,880 Speaker 1: mentioned the legislative sort of empty ground, but I thought 440 00:23:43,920 --> 00:23:47,080 Speaker 1: it was fairly significant and strategically intelligent, and I said 441 00:23:47,080 --> 00:23:49,439 Speaker 1: it at the time that the Senate went on the 442 00:23:49,520 --> 00:23:54,199 Speaker 1: record about their opinion of Joe Biden's vaccine mandate, and 443 00:23:54,200 --> 00:23:57,040 Speaker 1: they voted fifty two to forty eight against it. Now, 444 00:23:57,119 --> 00:24:00,280 Speaker 1: Nancy Pelosi hasn't allowed the House to vote, but the 445 00:24:00,359 --> 00:24:04,400 Speaker 1: Senate two Democrats joined all of the Republicans to say, hey, 446 00:24:04,440 --> 00:24:07,879 Speaker 1: we disagree with Joe Biden's expansive use of the executive 447 00:24:07,880 --> 00:24:10,680 Speaker 1: authority here through OSHA. Did that come up in any 448 00:24:10,760 --> 00:24:13,560 Speaker 1: kind of substantive way as a part of the discussion, 449 00:24:13,720 --> 00:24:17,639 Speaker 1: as a sort of valedictory in terms of people who 450 00:24:17,680 --> 00:24:20,040 Speaker 1: would say, hey, you could never get this done if 451 00:24:20,080 --> 00:24:23,560 Speaker 1: you had to use the legislative branch. I had to 452 00:24:23,600 --> 00:24:26,040 Speaker 1: step away a couple of times for TV reports that 453 00:24:26,119 --> 00:24:28,840 Speaker 1: I missed, but I never heard a discussion or specific 454 00:24:28,960 --> 00:24:31,600 Speaker 1: mention of the Senates or that vote. Does that seem 455 00:24:31,640 --> 00:24:34,320 Speaker 1: significant to you, Like, isn't that a decent argument that 456 00:24:34,880 --> 00:24:38,240 Speaker 1: this is an executive overreach because the legislative branch in 457 00:24:38,280 --> 00:24:42,200 Speaker 1: some way demonstrate they disagreed. Yeah, I mean the opponents, 458 00:24:42,520 --> 00:24:45,639 Speaker 1: opponents of the mandate definitely are honing in on that, like, listen, 459 00:24:45,720 --> 00:24:47,840 Speaker 1: this has got to go through Congress. They repeatedly went 460 00:24:47,880 --> 00:24:50,200 Speaker 1: back to that and said, if that hasn't been done, 461 00:24:50,640 --> 00:24:53,080 Speaker 1: what you're doing here is the federal branch, because remember 462 00:24:53,119 --> 00:24:55,480 Speaker 1: months ago the administration told us there will be no 463 00:24:55,560 --> 00:24:58,160 Speaker 1: federal mandate. That's not something the federal government can do. 464 00:24:58,680 --> 00:25:01,520 Speaker 1: But again, you know of this are arguing that's what 465 00:25:01,560 --> 00:25:04,080 Speaker 1: you're doing through federal agencies. You're in essence, doing the 466 00:25:04,119 --> 00:25:06,720 Speaker 1: thing you told us you could not do. But listen, 467 00:25:06,880 --> 00:25:10,760 Speaker 1: the liberal justices again repeatedly pointed to case numbers and 468 00:25:10,880 --> 00:25:14,000 Speaker 1: deaths and said, listen, this is so serious. The government 469 00:25:14,040 --> 00:25:17,000 Speaker 1: clearly has an interest in protecting the American people, and 470 00:25:17,160 --> 00:25:19,240 Speaker 1: this covers the most amount of people in a way 471 00:25:19,280 --> 00:25:22,280 Speaker 1: that is very convincing to them. If they have to 472 00:25:22,359 --> 00:25:26,320 Speaker 1: choose between their job and vaccination, it's effective. Shannon, Where 473 00:25:26,359 --> 00:25:30,320 Speaker 1: does the rest of the caseload right now stand on 474 00:25:30,400 --> 00:25:33,960 Speaker 1: the US? There are a handful of mandates that are 475 00:25:34,000 --> 00:25:36,439 Speaker 1: being challenged, just we can you can you bring us 476 00:25:36,480 --> 00:25:38,960 Speaker 1: up a speed on you know where else this is 477 00:25:38,960 --> 00:25:41,119 Speaker 1: going to be playing out or where we stand with 478 00:25:41,160 --> 00:25:44,560 Speaker 1: regard to you know, there was the federal contractor mandate, right, 479 00:25:44,560 --> 00:25:46,480 Speaker 1: there's a number of that. It sounded today like the 480 00:25:46,520 --> 00:25:49,440 Speaker 1: Justice has just said military takes orders. So military mandate 481 00:25:49,560 --> 00:25:51,439 Speaker 1: is going to stand. But are there any others that 482 00:25:51,440 --> 00:25:54,000 Speaker 1: we should be looking out for? I mean, we've got 483 00:25:54,040 --> 00:25:55,920 Speaker 1: so many and the Justice is a number of them. 484 00:25:55,960 --> 00:25:59,320 Speaker 1: Did bring up the federal contractor or the healthcare of 485 00:25:59,400 --> 00:26:01,920 Speaker 1: the OSHA that effects you know, private employers too, saying 486 00:26:02,240 --> 00:26:04,800 Speaker 1: why did the government take these specific actions? Because you've 487 00:26:04,840 --> 00:26:07,600 Speaker 1: got federal agencies essentially that can tell people what to do. 488 00:26:08,000 --> 00:26:10,680 Speaker 1: Why didn't they take some other actions? Why these specific targets. 489 00:26:10,680 --> 00:26:13,439 Speaker 1: So it's clear they're viewing all of these vaccines in 490 00:26:13,480 --> 00:26:16,080 Speaker 1: some case under the same umbrella. I mean, they're going 491 00:26:16,119 --> 00:26:18,880 Speaker 1: to be decided as different cases. But you know, whatever 492 00:26:18,920 --> 00:26:20,800 Speaker 1: the court does in these cases, and I do think 493 00:26:20,840 --> 00:26:22,520 Speaker 1: they could they could do a split here. I think 494 00:26:22,520 --> 00:26:25,480 Speaker 1: the healthcare worker mandate has a much stronger chance of 495 00:26:25,520 --> 00:26:29,440 Speaker 1: surviving these arguments. But they know that whatever markers they 496 00:26:29,480 --> 00:26:32,560 Speaker 1: laid down are going to speak to the longer term 497 00:26:32,600 --> 00:26:35,840 Speaker 1: issue of federal power, the federal branch, what it can do, 498 00:26:35,880 --> 00:26:38,840 Speaker 1: the executive branch in this situation, and any other. I mean, 499 00:26:38,920 --> 00:26:41,399 Speaker 1: Justice Barrett brought up a couple of times like listen, 500 00:26:41,800 --> 00:26:43,320 Speaker 1: how do we know that this isn't going to still 501 00:26:43,320 --> 00:26:45,639 Speaker 1: be going on in two years? Another variant, more tests, 502 00:26:45,680 --> 00:26:48,480 Speaker 1: more problems. He said, you know, when do we stop 503 00:26:48,480 --> 00:26:51,480 Speaker 1: being under the emergency power for putting these things together? 504 00:26:51,520 --> 00:26:53,440 Speaker 1: And when do we get back to normal order? So 505 00:26:53,520 --> 00:26:57,040 Speaker 1: I think they're thinking always the justices, you know, like 506 00:26:57,119 --> 00:27:00,199 Speaker 1: ten chess steps ahead of where we are, and they 507 00:27:00,200 --> 00:27:02,199 Speaker 1: know that the long term applications are going to be 508 00:27:02,520 --> 00:27:05,760 Speaker 1: very broad potentially, all right, Shannon, That I think is 509 00:27:05,800 --> 00:27:10,280 Speaker 1: well said, especially for Chief Justice Roberts. So this case 510 00:27:10,400 --> 00:27:12,440 Speaker 1: is important, and as you just laid out, it could 511 00:27:12,440 --> 00:27:15,120 Speaker 1: be seismically important in the years ahead as it pertains 512 00:27:15,119 --> 00:27:19,359 Speaker 1: to the executive branches authority in regulatory agencies. But also 513 00:27:19,480 --> 00:27:23,240 Speaker 1: we've got major blockbuster cases dealing with abortion that's going 514 00:27:23,280 --> 00:27:26,440 Speaker 1: to come down the pike in June. How much horse 515 00:27:26,520 --> 00:27:29,400 Speaker 1: trading could we see? And some people may be surprised 516 00:27:29,400 --> 00:27:32,800 Speaker 1: by this as it pertains to COVID and also for 517 00:27:33,040 --> 00:27:37,000 Speaker 1: future cases, let's say, in abortion cases, in terms of 518 00:27:37,040 --> 00:27:41,560 Speaker 1: the political dynamics associated with the court, you know, I 519 00:27:41,560 --> 00:27:44,040 Speaker 1: mean that's always possible. People like to think that they're 520 00:27:44,200 --> 00:27:46,040 Speaker 1: at like you said, that it's just very clean. I 521 00:27:46,040 --> 00:27:48,199 Speaker 1: mean they usually the Friday after they hear cases, they 522 00:27:48,200 --> 00:27:50,720 Speaker 1: take a private vote. Only they know what happens behind 523 00:27:50,800 --> 00:27:54,000 Speaker 1: closed doors. No clerks know anybody. But then it starts 524 00:27:54,080 --> 00:27:57,600 Speaker 1: because bill a sign who is going to write what's opinion? 525 00:27:57,680 --> 00:28:00,680 Speaker 1: Pretty quickly, and then you do start trying to persuade 526 00:28:00,680 --> 00:28:02,919 Speaker 1: the votes you think maybe close, Like okay, if I 527 00:28:02,960 --> 00:28:05,439 Speaker 1: include this paragraph from you. In my opinion, will you 528 00:28:05,480 --> 00:28:07,760 Speaker 1: come over and vote with us. There's a lot of 529 00:28:07,800 --> 00:28:09,960 Speaker 1: that that goes on back and forth. It's the way 530 00:28:09,960 --> 00:28:12,560 Speaker 1: the court works. I don't think they would bleed that 531 00:28:12,600 --> 00:28:15,520 Speaker 1: between cases, say like COVID and abortion, but I do 532 00:28:15,640 --> 00:28:18,040 Speaker 1: think between these two COVID cases there could definitely be 533 00:28:18,080 --> 00:28:20,040 Speaker 1: some horse trading in there. We know they've had that 534 00:28:20,080 --> 00:28:22,040 Speaker 1: abortion case for a little while. It's going to take 535 00:28:22,040 --> 00:28:24,720 Speaker 1: a long time, and you know, our assessment coming out 536 00:28:24,720 --> 00:28:26,960 Speaker 1: of it seemed that they would be willing to uphold 537 00:28:26,960 --> 00:28:30,800 Speaker 1: the Mississippi fifteen week and later ban on abortion. But 538 00:28:30,880 --> 00:28:33,960 Speaker 1: the question remains will they go further after Row or Casey? 539 00:28:34,119 --> 00:28:37,200 Speaker 1: So we always it's fascinating to me to watch away. 540 00:28:37,240 --> 00:28:39,120 Speaker 1: I'm a little bit of a legal nerd. Not everybody 541 00:28:39,120 --> 00:28:42,200 Speaker 1: probably finds this as exciting, but there's definitely so much 542 00:28:42,200 --> 00:28:44,800 Speaker 1: behind the scenes drama that happens. Shannon brim A, Fox 543 00:28:44,880 --> 00:28:46,640 Speaker 1: News Shan and thanks so much, great to talk to 544 00:28:46,680 --> 00:28:50,200 Speaker 1: you as always, have a great weekend. You know the name, folks, 545 00:28:50,520 --> 00:28:54,280 Speaker 1: Legacy Box. This is the company offering a super simple 546 00:28:54,480 --> 00:28:57,280 Speaker 1: mail in service to have all of your videotapes, cam 547 00:28:57,400 --> 00:29:01,600 Speaker 1: quarter tapes, film reels and pictures into perfectly preserved video files. 548 00:29:02,200 --> 00:29:03,920 Speaker 1: They've done this now for nearly a million and a 549 00:29:03,960 --> 00:29:07,400 Speaker 1: half families, all from their facilities in Chattanooga. 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If 569 00:30:12,560 --> 00:30:14,520 Speaker 1: you're in the state of New York, if you got 570 00:30:14,520 --> 00:30:18,560 Speaker 1: a FanDuel dot Com slash Clay, it's FanDuel dot Com 571 00:30:18,560 --> 00:30:22,160 Speaker 1: slash Clay one hundred dollars just for going and signing up. 572 00:30:22,200 --> 00:30:24,000 Speaker 1: Buck you can go gamble now. It's a big day 573 00:30:24,040 --> 00:30:26,400 Speaker 1: for you. I mean, I'm gonna just have to learn 574 00:30:26,440 --> 00:30:28,960 Speaker 1: something about sports or I'm just gonna listen to the 575 00:30:29,000 --> 00:30:32,520 Speaker 1: Clay Sports Betting Show and I'm gonna roll with this. 576 00:30:32,600 --> 00:30:35,120 Speaker 1: But you know, the buckster's gotta get some he's gotta 577 00:30:35,160 --> 00:30:37,360 Speaker 1: make some make some cash here, sir. It's gotta have 578 00:30:37,400 --> 00:30:40,320 Speaker 1: some winnings. So I'm hoping the picks are good. What's 579 00:30:40,320 --> 00:30:42,280 Speaker 1: your plan for the weekend. By the way, I'll tell 580 00:30:42,280 --> 00:30:44,400 Speaker 1: you what I'm gonna do. I am going to you 581 00:30:44,440 --> 00:30:49,200 Speaker 1: watch the Cobra Kai Show on the Karate Kid build out. 582 00:30:49,440 --> 00:30:51,680 Speaker 1: I think it kind of jumped the shark. I love 583 00:30:51,760 --> 00:30:54,840 Speaker 1: the first season. I like the second season. I didn't 584 00:30:54,880 --> 00:30:57,440 Speaker 1: have this a minium. My wife is watching the fourth 585 00:30:57,440 --> 00:31:00,040 Speaker 1: season right now with our boys. They love it. They're like, 586 00:31:00,080 --> 00:31:01,720 Speaker 1: this is the greatest show ever. It is. It did 587 00:31:01,880 --> 00:31:04,120 Speaker 1: look it's very well done. I think I got a 588 00:31:04,160 --> 00:31:05,880 Speaker 1: little I got a little crazy for me in the 589 00:31:05,960 --> 00:31:08,040 Speaker 1: very last episode of the last season that I saw. 590 00:31:08,120 --> 00:31:10,280 Speaker 1: I like it, but I was just telling you off 591 00:31:10,280 --> 00:31:12,160 Speaker 1: there and I'd say this to everybody now as well. 592 00:31:12,760 --> 00:31:15,160 Speaker 1: I feel like we've reached the point where this Yellowstone 593 00:31:15,240 --> 00:31:19,040 Speaker 1: show where now just as a cultural marker, as just 594 00:31:19,200 --> 00:31:21,760 Speaker 1: to understand whatever every I know is all. My favorite 595 00:31:21,800 --> 00:31:24,280 Speaker 1: show is Yellowstone. My favorite show is Yellowstone. I watched 596 00:31:24,280 --> 00:31:27,440 Speaker 1: I think four or five episodes of it. I liked it, 597 00:31:27,480 --> 00:31:29,480 Speaker 1: but then I just kind of faded. But now it's 598 00:31:29,520 --> 00:31:32,840 Speaker 1: turned into what The Walking Dead was ten years ago 599 00:31:32,920 --> 00:31:35,640 Speaker 1: for a while. If you remember what Game of Thrones 600 00:31:35,680 --> 00:31:37,680 Speaker 1: for a lot of people became where it just was 601 00:31:38,120 --> 00:31:41,000 Speaker 1: so dominant as a piece of culture that people were 602 00:31:41,000 --> 00:31:42,960 Speaker 1: talking about that I guess I got to get into 603 00:31:43,040 --> 00:31:45,760 Speaker 1: Yellowstone now. Yeah, to put that into context for you, 604 00:31:45,880 --> 00:31:47,800 Speaker 1: there's a great piece in the Wall Street Journal about 605 00:31:47,800 --> 00:31:52,040 Speaker 1: how Yellowstone grew out of small markets. It's basically a 606 00:31:52,080 --> 00:31:56,920 Speaker 1: red state show that conquered the blue states. And what's 607 00:31:56,960 --> 00:32:00,480 Speaker 1: interesting about this is it was the highest rate TV 608 00:32:00,640 --> 00:32:04,640 Speaker 1: program other than a sporting event in four years going 609 00:32:04,720 --> 00:32:07,560 Speaker 1: all the way back buck to The Walking Dead. The 610 00:32:07,600 --> 00:32:13,080 Speaker 1: most watched show on you know, standard cable programming was 611 00:32:13,240 --> 00:32:17,760 Speaker 1: this season four finale of Yellowstone. I loved it. I'm 612 00:32:17,800 --> 00:32:23,240 Speaker 1: caught up and Kevin Costner is an incredible h incredible actor. 613 00:32:23,280 --> 00:32:26,160 Speaker 1: He's kind of the focal point of this program. Uh. 614 00:32:26,320 --> 00:32:28,840 Speaker 1: And I'd encourage everybody out there to watch it. It's 615 00:32:28,920 --> 00:32:32,320 Speaker 1: it's a good I would describe it as Dallas meets 616 00:32:32,680 --> 00:32:35,480 Speaker 1: the Sopranos in Montana. Does that make sense? Like it's 617 00:32:35,520 --> 00:32:37,360 Speaker 1: it's it's kind of a melodramatic. It's not as good 618 00:32:37,400 --> 00:32:39,760 Speaker 1: as the Soprano to Montana during the I think it 619 00:32:39,800 --> 00:32:41,920 Speaker 1: was the second season of the show, or it just happened. 620 00:32:42,400 --> 00:32:45,280 Speaker 1: And I remember people out there telling me that real 621 00:32:45,440 --> 00:32:50,080 Speaker 1: estate prices have jumped in Montana, in Bozeman and in 622 00:32:50,120 --> 00:32:52,120 Speaker 1: some of these other that's the city officely, but in 623 00:32:52,160 --> 00:32:54,000 Speaker 1: some of the what's the what's the place where they 624 00:32:54,040 --> 00:32:55,440 Speaker 1: film a lot of it? It It is in Montana. It's 625 00:32:55,480 --> 00:32:57,640 Speaker 1: very beautiful area, right, I forget what it's called set. 626 00:32:58,040 --> 00:33:00,560 Speaker 1: It's set in Bozeman, in the in the uh, in 627 00:33:00,600 --> 00:33:04,240 Speaker 1: the valley there they actually film it. I believe in Wyoming. 628 00:33:04,280 --> 00:33:06,280 Speaker 1: If I'm not mistaken, and also filmed part of it 629 00:33:06,320 --> 00:33:09,640 Speaker 1: in Utah. It's all over the place. I mean, I 630 00:33:10,000 --> 00:33:12,800 Speaker 1: actually outside of Park City, probably like an hour and 631 00:33:12,840 --> 00:33:14,360 Speaker 1: a half. I was in a valley there and I 632 00:33:14,400 --> 00:33:16,120 Speaker 1: can't remember the exact name of the place, but we 633 00:33:16,160 --> 00:33:18,440 Speaker 1: went I'd never done it before, but we went on 634 00:33:18,480 --> 00:33:21,480 Speaker 1: the dog the dog sled, you know, like with all 635 00:33:21,520 --> 00:33:25,320 Speaker 1: the little h Yeah, we did that with the boys. 636 00:33:25,480 --> 00:33:27,680 Speaker 1: And that's what I feel like doing radio, podcasts and 637 00:33:27,760 --> 00:33:29,880 Speaker 1: TV every day for five hours a day, and I'm 638 00:33:29,920 --> 00:33:32,440 Speaker 1: like a sled dog. They were said, they said, hey, 639 00:33:32,440 --> 00:33:34,520 Speaker 1: does this look familiar to you at all? And I said, 640 00:33:34,520 --> 00:33:36,880 Speaker 1: it kind of looks like some of the exterior shots 641 00:33:36,880 --> 00:33:39,920 Speaker 1: from Yellowstone. They're like boom, they show up here in 642 00:33:40,000 --> 00:33:43,720 Speaker 1: the Utah valleys and uh and in Wyoming and then 643 00:33:43,760 --> 00:33:46,200 Speaker 1: and they they take shots in Montana as well. That's 644 00:33:46,200 --> 00:33:48,000 Speaker 1: where I'm going for the summer vacation. I'm going up 645 00:33:48,000 --> 00:33:50,720 Speaker 1: to Montana. Never been partly because the Yellowstone it was. 646 00:33:50,840 --> 00:33:52,440 Speaker 1: I will say it was good up there with the 647 00:33:52,520 --> 00:33:54,680 Speaker 1: mask freedom and stuff when I was there, but it 648 00:33:54,800 --> 00:33:59,440 Speaker 1: wasn't great. It wasn't Florida great. I'm just Montana is 649 00:33:59,480 --> 00:34:02,680 Speaker 1: a it's a little red. It's not that red as 650 00:34:02,680 --> 00:34:06,240 Speaker 1: a state. Actually, it's closely got a lot of California influences. Yeah, 651 00:34:06,520 --> 00:34:08,279 Speaker 1: that's what they would complain about, is that a lot 652 00:34:08,320 --> 00:34:11,440 Speaker 1: of the Californians have decided to bail in. It's not Texas, 653 00:34:11,680 --> 00:34:15,160 Speaker 1: it's not Florida, it's not Tennessee. By the way, do 654 00:34:15,160 --> 00:34:17,239 Speaker 1: you see the Zillo list We were talking about this too, 655 00:34:17,560 --> 00:34:20,680 Speaker 1: all pretty much red states where everybody's moving to all 656 00:34:20,719 --> 00:34:27,640 Speaker 1: the top communities where the property values are skyrocketing. Tennessee, Florida, Texas, Georgia, 657 00:34:28,040 --> 00:34:31,239 Speaker 1: and I'm counting Georgia as a red state. In some 658 00:34:31,360 --> 00:34:33,520 Speaker 1: North Carolina, which also I will count as well. I 659 00:34:33,520 --> 00:34:36,520 Speaker 1: mean so so Montana. Just by way of the Pew. 660 00:34:36,680 --> 00:34:38,240 Speaker 1: I looked at the Pew data because I was curious 661 00:34:38,280 --> 00:34:43,759 Speaker 1: about this. You're at forty nine percent Republican, thirty percent Democrat, 662 00:34:44,000 --> 00:34:47,680 Speaker 1: but twenty one percent according to Pew here you know 663 00:34:47,760 --> 00:34:50,439 Speaker 1: up in the air go either way. So it's it's red, 664 00:34:50,520 --> 00:34:54,560 Speaker 1: but it's not deep red. It's not quite as not 665 00:34:54,680 --> 00:34:56,440 Speaker 1: quite as as hardcore, and especially when you get into 666 00:34:56,440 --> 00:34:58,560 Speaker 1: some of the cities. I was like, Bozeman has a 667 00:34:58,560 --> 00:35:00,919 Speaker 1: as people wearing masks in the in the coffee shop. 668 00:35:01,000 --> 00:35:03,080 Speaker 1: That's not ideal. I hate to hear that because that's 669 00:35:03,080 --> 00:35:04,480 Speaker 1: where I'm going for the summer. But if they have 670 00:35:04,520 --> 00:35:07,080 Speaker 1: a vaccine mandate, Buck, I can't go anywhere. My wife 671 00:35:07,120 --> 00:35:09,399 Speaker 1: was saying, even out in Park City. She just came 672 00:35:09,440 --> 00:35:12,480 Speaker 1: back from the Salt Lake area. They have vaccine cards 673 00:35:12,520 --> 00:35:14,360 Speaker 1: you have to show to go to at a frigging 674 00:35:14,520 --> 00:35:16,280 Speaker 1: ski lodge to be able to go in and get 675 00:35:16,320 --> 00:35:18,400 Speaker 1: a drink. So I just think about this when I 676 00:35:18,520 --> 00:35:20,719 Speaker 1: when I'm forced in New York to show a vaccine 677 00:35:20,760 --> 00:35:22,880 Speaker 1: card to a restaurant that I go to, and it 678 00:35:22,960 --> 00:35:25,960 Speaker 1: is enforced here everybody, especially in Manhattan, and they are 679 00:35:26,000 --> 00:35:28,120 Speaker 1: serious about it, and they will call the police on you, 680 00:35:28,239 --> 00:35:31,600 Speaker 1: like this is a real thing. I'm basically telling them, Hey, 681 00:35:32,120 --> 00:35:34,040 Speaker 1: I did what I was told like a good little 682 00:35:34,080 --> 00:35:38,240 Speaker 1: boy by doctor Evil aka doctor Fauci. But this doesn't 683 00:35:38,280 --> 00:35:42,120 Speaker 1: mean anything really, because I could still very well have COVID. 684 00:35:42,600 --> 00:35:44,880 Speaker 1: There's not a much different chance of me having it 685 00:35:44,920 --> 00:35:47,680 Speaker 1: than if I hadn't gotten this shot, and I could 686 00:35:47,719 --> 00:35:49,640 Speaker 1: still make you sick. But I have to show you 687 00:35:49,719 --> 00:35:51,920 Speaker 1: the card to show that I'm compliant and I'm a 688 00:35:51,920 --> 00:35:55,040 Speaker 1: good little boy, and I absolutely hate it, which is 689 00:35:55,040 --> 00:35:57,720 Speaker 1: why I'm telling you, man, Governor Ron De Santis is Florida, 690 00:35:57,719 --> 00:36:00,440 Speaker 1: they're not. It's a long tail here. It's not. It's 691 00:36:00,440 --> 00:36:02,640 Speaker 1: not the right of way. A lot of people in 692 00:36:02,719 --> 00:36:05,480 Speaker 1: New York, New Jersey, California too, to some extent. A're 693 00:36:05,520 --> 00:36:08,479 Speaker 1: just gonna say, in the next two years, even I'm out, 694 00:36:08,520 --> 00:36:10,719 Speaker 1: I'm going to Florida, I'm going to Texas. I'm done. 695 00:36:11,200 --> 00:36:17,080 Speaker 1: Without federalism, Buck, we would be Canada and scarily we 696 00:36:17,200 --> 00:36:21,839 Speaker 1: might be freaking Australia because the amount of acquiescence that 697 00:36:21,880 --> 00:36:24,560 Speaker 1: we have seen in those two countries. If we hadn't 698 00:36:24,600 --> 00:36:28,360 Speaker 1: had the laboratories of the Free States that have proven 699 00:36:28,719 --> 00:36:31,440 Speaker 1: none of these mandates, none of these masks, none of 700 00:36:31,440 --> 00:36:34,400 Speaker 1: this social distancing, keeping kids out of schools, none of 701 00:36:34,400 --> 00:36:37,680 Speaker 1: it makes sense. In fact, it's actually counterproductive. I really 702 00:36:37,719 --> 00:36:40,320 Speaker 1: do believe we'd have been screwed. Those are those founders, 703 00:36:40,360 --> 00:36:42,160 Speaker 1: pretty smart guys. I'm gonna give you. I'm gonna give 704 00:36:42,200 --> 00:36:44,279 Speaker 1: you some of my Yellowstone Review next week, Clay, so 705 00:36:44,320 --> 00:36:47,080 Speaker 1: we could dive into it after Hamilton debacle. I don't know, 706 00:36:47,160 --> 00:36:48,960 Speaker 1: We're gonna have to. We're gona have to fix this stuff. 707 00:36:49,400 --> 00:36:51,560 Speaker 1: Thanks everybody for having with us. Clay and Buck over 708 00:36:51,640 --> 00:36:59,879 Speaker 1: and out. Talk to you Monday. You're listening to Clay 709 00:37:00,040 --> 00:37:03,520 Speaker 1: Travis sent Buck Sexton on the EIB Network