JACKIE: WE’LL HAVE TO SEE HOW
THIS PLAYS OUT.
ANDY McCARTHY, THE FORMER U.S.
ASSISTANT ATTORNEY.
HAPPY NEW YOUR TO YOU.
YOUR THOUGHTS ON THE SOUND BITES
YOU JUST HEARD AND THE TWO SIDES
OF THIS DEBATE AS THEY ARE
STARTING TO PLAY OUT.
YOU THINK IT’S MORE A
CONSERVATIVE LEADING COURT BUT
I’M NOT SO SURE IT’S GOING TO GO
THAT WAY SAYING THE MANDATES
WHERE UNCONSTITUTIONAL.
IT SEEMS BOTH SIDES ARE SEEING A REASON FOR THESE POLICIES.
REASON FOR THESE POLICIES.
>> SHANNON TEED THIS UP
PERFECTLY.
I DON’T THINK THEY ARE GOING TO
GET TO THE CONSTITUTIONAL
QUESTION.
DOES THE FEDERAL GOVERNMENT HAVE
THE AUTHORITY TO ISSUE THESE
MANDATES?
THE REGULATION OF MEDICAL CARE,
HEALTHCARE HAS BEEN A STATE
RESPONSIBILITY IN OUR FEDERAL
SYSTEM.
THE PLACE WHERE THEY MAY DRAW
THE LINE RATHER THAN GRAPPLE
WITH THAT TOUGH CONSTITUTION
FALL QUESTION, WHAT ARE LIMITS
ON THE FEDERAL GOVERNMENT.
THIS NOTION IF CONGRESS HAS THIS
POWER IT HAS TO SPEAK CLEARLY TO
GIVE THE AUTHORITY TO OSHA AND
HEALTH AND HUMAN SERVICES AGENCY
AND THEY HAVEN’T DONE THAT HERE.
THAT WOULD PUT OFF TO ANOTHER
DAY WHETHER THEY COULD DO IT.
THE COURT MAY SAY IF CONGRESS
WANTS TO DO THIS WE HAVE TO BE
CONFIDENT THE AGENCIES HAVE THIS
AUTHORITY.
JACKIE: THAT’S A FEDERAL MANDATE
WHEN WIRE TALKING ABOUT VACCINES
AND MASKS.
THERE ARE ALSO PRIVATE
BUSINESSES MANDATING DIFFERENT
THINGS.
IN NEW YORK CITY THE BUSINESSES
OVER 100 HAVE BEEN FORCED TO
MANDATE VACCINES.
BUT ON THE EBB BUSINESSES ACROSS
THE COUNTRY NOT FACING THOSE
ISSUES.
CITIGROUP IS DOING THAT’S ACROSS
THE COUNTRY.
SO YOU SAY TO YOURSELF, ARE
PRIVATE EMPLOYERS ALLOWED TO DO
THAT?
>> I THINK THE PRIVATE EMPLOYERS
ARE GOING TO GET THE BIGGEST
WIDE BERTH OF ALL THE POTENTIAL
ACTORS HERE.
GENERALLY SPEAKING AS A MATTER
OF PRINCIPLE, YOU ARE ALLOWED TO
MAKE WHATEVER CONDITIONS YOU
WANT TO MAKE EMPLOYMENT.
IF SOMEONE WANTS TO TAKE THE JOB
UNDER THOSE CONDITIONS, THEY
TAKE THEM.
ALSO WITH THE CONDITION YOU CAN
IMPOSE OTHER CON DIVISIONS
UNLESS THERE IS A CONTRACTUAL
THING OR LABOR COLLECTIVE
BARGAINING AGREEMENT THAT SAYS
YOU CAN’T.
IF THEY WANT TO IMPOSE THOSE
MANDATES THEY PROBABLY CAN.
THE NEXT LEVEL IS THE STATE.
THE STATES ARE GOING TO HAVE A
LOT OF ROOM TO OPERATE HERE
BECAUSE TRADITIONALLY THIS IS
NOT A FEDERAL RESPONSIBILITY.
IT’S A STATE RESPONSIBILITY.
AS YOU GET UP TO THE FEDERAL
GOVERNMENT THAT’S WHERE IT GETS
SNOTTY.
GETS -- IT GETS KNOTTY.
JACKIE: THERE ARE EXCEPTIONS,
WHO GETS APPROVED, WHO DOESN’T?
SENATE K CREATE PROBLEMS, TOO.
AS WE SEE THIS PLAY OUT IT WILL
TAKE A FEW MORE WEEKS TO FINALLY
SEE WHERE WE STAND -- WHERE WE S
ON THE FEDERAL MANDATES.
HE’S NOW SAYING WE HAVE TO LEARN
TO LIVE WITH THIS VIRUS
REALIZING WE HAVE TO GET PEOPLE
BACK TO WORK AND THE MANDATES
POSE A PROBLEM FOR THAT.
I WONDER IF THE ADMINISTRATION
IS LOOKING AT THIS AND SAYING
YOU HAVE TO BE CAREFUL WHAT YOU
WISH FOR.
>> WHILE WE ALWAYS ARGUE THE
ISSUES IN THE FOUR CORNERS OF
THE LEGAL DISPUTES.
ULTIMATELY THIS IS A POLITICAL
SOCIETY, NOT A LEGAL ONE.
WHERE THIS IS GOING TO COME DOWN
IS TO HOW ARE PEOPLE GOING TO
REACT TO THE WAY BIDEN IS
MANAGING THIS?
RIGHT NOW HE’S HAVING A PROBLEM.
BUT IF THESE MANDATES ARE
POLITICALLY UNPOPULAR AND LOOK
LIKE THEY WILL HURT THE
DEMOCRATS IN NOVEMBER, THAT WILL
BE A BIGGER PROBLEM FOR THE
ADMINISTRATION THAN WHETHER THEY
ARE LEGAL ON THE FEDERAL LEVEL
AND STATE LEVEL, ET CETERA.
AND HOW DO THE ECONOMY REACT.
PEOPLE VOTE WITH THEIR FEELINGS