Shannon Bream Tip: Court Ruling on OSHA Mandate Thursday?
10 Jan 2022
CLAY: Buck, I just got a text. I was texting with Shannon Bream, who is Fox News’ Supreme Court legal analyst and also was on with us Friday discussing the oral arguments that took place. And she was flagging for me something that could be pretty significant, and it is that the Supreme Court has added a day to release opinions on Thursday of this week. She just said that’s interesting because it could be that they’re going to rule on that Biden vaccine mandate and the stay in particular as soon as Thursday.
She thought it was interesting that they have added a day to release opinions that would otherwise not necessarily have been anticipated or been a part of the regular schedule. And that’s why, based on her texting about that, I also think that could be somewhat significant in terms of the overall decision that they are going to render which I think is going to say that the Biden vaccine mandate’s unconstitutional.
BUCK: You think they’re gonna put a stay in place.
CLAY: Right.
BUCK: So there will be a stay, but you don’t think there will be…? I think —

CLAY: If I were betting, if I had to put money on the line right now based on having listened to the oral arguments; they may allow the Biden mandate for health care workers, although I think that’s a little bit of a harder call. And right now, it feels like the health care companies are basically just saying, “We don’t have mandates anymore anyway,” ’cause they’re letting covid-positive nurses back in hospitals.
BUCK: Think about that, everybody. That’s not an insignificant point. I talked about it last week, Clay just brought it up a few moments ago here — and Rhode Island, I think, is one of the places where they have officially said you can bring in covid-positive nurses to work as long as they’re masked up, as if that’s…
Let me ask you: Would you rather, if you were a person at high risk…? You’re 85 years old and have a history of upper respiratory issues, maybe have emphysema, something like that. Would you rather just take your chance with someone who’s an unvaccinated nurse or someone who is, “Oh, I’ve got pretty bad covid but don’t worry! I’m wearing a mask for the most part.”
CLAY: Yeah, it’s a fascinating question. I think some of these places are actually bringing back covid-positive nurses to wait on covid-positive patients, right? Isn’t that one of the ways…? Now, how do you restrict their ability to interact with other patients? I understand is a challenge. But I think they’re so desperate because so many nurses are out with covid issues that they’re doing whatever they can to get nurses back.
BUCK: I gotta track this one down. I saw this over the weekend; I’m pretty sure it’s true. It looks like nursing homes in Connecticut may be taking people who are covid positive back now. So, if you have had covid, you’re going back into the nursing home. So, we are in this cycle, folks, and really ultimately what you realize is the notion that we were gonna stop the spread or stop the virus if we listen to Fauci was a fantasy and a very destructive one.
CLAY: It’s all crumbling right now, and Joe Biden is having to handle that as it crumbles around them.
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