0 please set your dvr so you never miss an episode of hannity. let not your friday night hearts be troubled. "the ingraham angle" with laura ingraham up next. i hope you have a great weekend! >> laura: i'm laura ingraham. this is "the ingraham angle" from washington tonight. a shockingly tepid jobs report has the biden white house wreeling and spinning. larry kudlow is here. how the democrats are looking to use january 6th to drive a stake right through the heart of our democracy. senator tom cotton explains that. raymond arroyo cleans up the january 6th hysterics. it is all ahead. the supreme court heard oral argument it's for vaccine mandates for large employers and for health care workers and providers. the osha rule states that businesses with more than 100 or more workers must either require employees to be vaccinated or submit to weekly testing and masking in the work place. opposing this mandate are 27 states and the national federation of independent business. the fact is, long before the vaccine debate, federal agencies like osha wielded way too much power. many of these burdensome rules axed from the federal register all together. because terms like health and safety are very broad. they are very general terms. their meanings can be stretched to prohibit or require just about anything. that's when the court is usually asked to step in. >> cms also implement regulations about exercise regimes, sleep habits, medicines and supplements that must be ingested by hospital employees in the name of health and safety. >> i'm not sure that there would be a problem with those requirements. >> laura: they require those too. they have a better effect. that's exactly right. if the feds can require vaccines or testing, why not weight loss exercise programs, yoga, think of the lives it would save. one of the biden administrations's weakest points involves the need for immediate relief. >> does the federal government object to our taking a couple of days, maybe, to digest the arguments before people start losing jobs or if we do that are you going to say, well, they are causing people to die every day? >> we do think that the agency found that there is grave harm every day and the numbers are stark. >> laura: the agency has found is that what she said? the government has been wrong about all of its finding, almost all of its findings every step of the way since this pandemic began. remember, they got it wrong on their masks findings, social distancing provisions, natural immunity, got that finding or nonfinding wrong, therapeutics danger to the kids, overstated. given that more people died in 2021 with the vaccine than in all of 2020 during the pandemic without one, the irreparable harm argument doesn't hold much water at all. not to mention the obvious fact that it is now an indisputable scientific fact that vaccines don't prevent infection or transmission of the virus. it is also a fact that the former dean of harvard law school simply ignored it today. >> i just don't see this as a situation, a typical arbitrary capricious situation where we say, oh, you didn't consider an alternative carefully enough. we all know what the best policy is. by this point, two years later we know the best way to prevent spread is for people to get vaccinated. >> that's terrifying. she is actually smart. she is a smart woman. how does she not know this? how is this not even brought up in the oral arguments today? even smart liberals always prefer emotion over facts and logic. to the left, this is too important of an issue and too scary to trust it to the democratic process. heaven forbid, we let congress actually try to pass a law requiring vaccination and testing. they have control of congress and the presidency, after all the democrats. how interesting they didn't dare try to do that? hmm, i wonder why. they didn't go through the normal regulatory process with these mandates. one moment today really made me worry. if the court needs its own mental acuity check. justice breyer seemed to suggest that mandates would eliminate 100% of covid cases. >> when they issued this case there were approximately 70,000 new cases. yesterday there were close to 750,000. if we delay it a day, if it were to have effect, then 750,000 more people will have covid who otherwise if we didn't delay it wouldn't have. >> wait, so in breyer's warped thinking, if osha's mandate is upheld, all infections would be eliminated. who said you need basic logic and math skills to be a supreme court justice. you don't. we are repeatedly told that the liberals object the court are some of the brightest legal minds in the country. i'm beginning to have my doubts especially after hearing these words leave justice sotomayor's mouth. >> omicron is as deadly and causes as much serious disease in the unvaccinated as delta did. we have over 100,000 children which we've never had before in serious condition and many on ventilators. >> laura: it's hard to believe someone so misinformed sits on the court but that's where we are. 100,000 kids are not in icus or on ventilators. that's about 30 fold more than reality per the hhs. even fauci admits that most kids are hospitalized with covid, not because of covid. but it was this line of questioning from justice sotomayor that was really eye-opening. >> what's the difference between this and telling employers where sparks are flying in the work place, your workers have to wear a mask. >> when sparks are flying, there is a machine unique to that work place. >> why is the human being not like a machine if it is spewing a virus? >> laura: she is like a machine spewing idiocy. i hope she is not contagious. again, if you are vaccinated you can still get and transmit the virus, even walensky from the cdc had to admit that. it is tricky predicting which way the supreme court is going to go. in this case, who would happen that the court upholds the mandate as to the health care providers that get the medicare money but halts the mandate for businesses of 100 employees or more. we'll see. of course, all these mandates should be stopped immediately. the new congress should hold immediate hearings exposing why these mandates are ineffective and overly burdensome to the people in businesses that are already struggling. joining me is harmeet dylan and ben mettleist, co-founder and fox news contributor. harmeet, you are a practicing lawyer and i'm a recovering one. i did spend a year clerking at the supreme court. i was shocked by the lack of basic knowledge about this virus on the part of the supreme court justice, sotomayor or breyer and kagen, who is really smart. >> thanks for having me. they are one of my clients that filed one of these briefs. it was shocking to see. i would not call it misinformation. i think the justices are fully aware of the facts and the circumstances. i think the problem is they were hamming for the cameras and viewed themselves for a particular position. it speaks like they felt like they were in the minority. i think they know fully well what's going on here. some of that rhetoric and factual material that isn't in the record is unusual in a court hearing. we are taught as lawyers not to come to the court and tell them what you saw on television last night as an argument. that's a violation of court rules. justices apparently are free to do exactly that and import emotional and fact-free arguments there. it undermines the credibility of the court. i thought the conservative justices, i'm hoping five solid votes and i think justice roberts is the conservative, the challenger to the osha mandate. they are really aiming their arguments at justice roberts to try to convince him and make it 6-3. >> i only got to hear about half the arguments today. i'm not sure i agree with harmeet that they knew what they were saying. i think they spend a lot of their time watching cnn and reading "the new york times." it takes them a lot of time to catch up to the truth. i think kagen is a smart person. she is obviously glued to cnn. they are repeating the same crap, sorry, that we have heard for two years that's false. >> look, i have enormous respect for both of you as attorneys but i have to take your side in this, laura. one of my mantras about washington is that we should always consider the possibility we are led by idiots. in this case, we had a very revelatory day in terms of the idiocy of these people we have in robes on the high court who are bowed down to and respected for being wise latinas and the like. yet, we are just perpetuating not just misinformation or something like that, the fake news coming from inside the court. really, things that would completely skew your perspective on the world and the way that americans are living. the idea that breyer advanced that if this mandate was put into place tomorrow, if it was upheld tomorrow, that 100% of these types of cases would vanish into thin air, it's insulting on so many different levels. i can't believe that. i real please everything we heard that you just played, that was stupid but very representative of how stupid this whole thing was. the brayer one, i was aghast as i was listening to it. is he actually making this argument? it is ridiculous. >> harmeet, during the arguments sotomayor didn't seem to understand the difference between the powers of the federal government and the state police powers. here is this stunning exchange. watch. >> i am not sure i understand the distinction, why the states would have the power but the federal government wouldn't? >> the federal government has no police power. >> oh, it does have power with respect to protecting the health and safety of workers. >> harmeet? do you actually think she did understand the difference between federal and state? i do not think she understands that states do have certain police powers. they probably can uphold some of the vaccine mandates on the state level sadly. the federal government has different limits, the 10th amendment being one of them. >> i think, laura, what i am actually saying is more pernicious than what you are saying. i think they know what they are saying is wrong. they have gotten used to years of accretion of increasing federal power to where you can say that because osha is allowed to tell people to put hard hats on in construction sites, they can do anything. that's their liberal bias laura. that is sort of results oriented judicial activism. that is truly disturbing because if you extend out some of these arguments that, for example, our client made in our brief, osha can actually do anything. osha can force you to take any drug. osha can force you to lose weight, as was said in the second set of arguments and clearly, the founders of our country did not delegate that power to the federal government and clearly congress never delegated that power to osha. i would question some of the conservative justices are asking, why can't congress get together and pass this law? i don't think they have the power to mandate any of this type of stuff for the same reason you just articulated namely there is no federal police power of this nature. >> laura: harmeet and ben, great to see you. thank you. when michelle walensky announced a solo presser, the consensus was she was going to step down and instead she trotted out a campaign and argument for boosters. i think we need to think about a third shot before we start thinking about what a fourth shot would look like. we are working closely with our colleagues. >> joining me now is alex varant and author of "pandemia". i think she is the symbol for today's failing medical establishment. she is not going to be held accountable. if she is not going to be held accountable, who will? >> laura, very quickly, i thanked tucker on wednesday and i want to thank you tonight. he and you both talked about it the week it came out. the book became a best seller even though the rest of the media tried to ignore it. that's because of you and your audience. i thank you for that. >> laura: you're welcome. >> in terms of the conversation you just had about the vaccines and the vaccine mandates, i think there is a point actually that's gone misunderstood right now and boosters too. in highly vaccinated countries in europe right now, where we have really good data, vaccine efficacy has turned negative. meaning vaccinated people are more likely to catch omicron about ten weeks -- i shouldn't say ten weeks, about 24 weeks after full vaccination. meaning for reasons we don't fully understand, the vaccines are not just controlling infection and transmission but accelerating infection and transmission in omicron. it doesn't mean they are getting really sick or worsening the virulence of the disease but right now, vaccine efficacy has turned negative. when you are going to talk about mandating vaccines or boosters that's a fact people should know. >> laura: the new york governor said something about covid hospitalizations, alex. watch. >> looking at just on the fourth of january, we realized that 39% of the people are hospitalized with non-covid reasons and checking in with yesterday's number, that number was 42%. half of the hospitalizations are someone who needs to be there because of the severity of their covid situation and the other half are there for other reasons. >> laura: alex, hasn't this been true for a long time? we were pilloried for saying this for over a year. >> it's been true for a long time. omicron is probably making it worse, because it is so transmissible that even more people now who are going to be the hospital for other reasons probably have omicron incidentally. we have said that for a long time. here is something else you and i have said for a long time that suddenly is accepted wisdom which is cloth masks are useless. now, everyone on cnn and msnbc agrees about that. it is only a matter of time before the truth about how long vaccinations last or how long protection from vaccinations last and what the real side effect risks are. they have to start admitting that. they admit it all but it takes them months and years. >> laura: alex, we have super computing technology unrivaled in the world. it seems to me you could run a program and write it pretty quickly to show whether or not any of these measures have really made much of a difference in the transmission, death rate and hospitalizations of this virus. i would venture to guess that they haven't made almost any difference. we will find that out when we have an honest computation of these numbers down the line. alex, thank you. >> laura: the biden white house was quite optimistic it about today's job reports. should they have been. larry kudlow here on that. a stalled agenda, they are looking to put a knife in the back of democracy. senator tom cotton is here in moments to explain how they will do that. stay there.