from washington with more on the requirements and impacts more than 100 million americans. alexandra, good morning. good morning. what the supreme court is considering right now is how much power the executive branch can exert in the lives of americans. listen in to some of the questions posed by justice roberts. i wonder if it s not fair for us to look at the court as a general exercise of power by the federal government. and then ask the questions of why doesn t congress have a say in this? why doesn t primary responsibility of the states. seven of the eight justices appeared in the courtroom, justice sotomayor elected to dial in from her office. they are now weighing the labor department s emergency regulation requiring employees at companies with 100 or more workers to get vaccinated. most osha regulations, all of the ones with which i m familiar affect employees when they are on the job but not when they are not on the job. and this affects employees all the time.
from the justices today during these arguments. listen. i wonder if it s not fair for us to look at the court as a general exercise of power by the federal government and ask the questions, why doesn t congress have a say in this and why isn t this the primary responsibility of the states. more and more people are dying every day. more and more people are getting sick every day. i don t mean to be dramatic. i m just stating facts. this is the policy that is most geared to stopping all of this. martha: that sums up what is going on here. let s bring in trey gowdy, the author of doesn t hurt to ask and sunday night in america. a great show here on fox sunday nights. you have the chief justice saying is this a question that has to fall to the court or is
vs. justice exarns thomas. if justice clarence thomas done that not only become fact checked it would become this narrative how dumb is he when we know he is brilliant. meanwhile the wise latina sonia sotomayor gets a pass on it. put of african-american museum in washington, d.c. he wasn t in it. that would never happen to sonia sotomayor to the new hispanic museum they are doing there in washington, d.c. funded by this congress. so, there are so many hypocrisies on the way conservatives are treated. but especially conservative minorities, liberals have a special punishment for them and poor clarence thomas has been the victim of it many, many, many times. we are going to move now to
the issue. assuming that one were to agree that the federal government has the authority to address it, you re no nowhere near over the legal hurdle. the next question, which branch of the government? big separation of powers case. you heard the chief justice refer to congress, or should it be the executive branch? many feel that congress has to take the lead on this. and the last issue which is very important is, wait a minute, if the executive branch undertakes it and it s an administrative agency, in this case osha, right? do they really have the sweeping authority to do what they re doing here. those are the legal questions. but what was fascinating was to hear three justices start getting into policy discussions, and you would having thought you were at a legislative committee meeting on a piece of legislation about this, eric. eric: fill us in on that. yeah, no. in other words, a court, right, far be it from me to start lecturing supreme court justices, but hear me out. the cou
ruling. reporter: hi, eric. yeah, the supreme court is weighing two cases here, first is the one for employees of larger companies, and the second applies to health care workers. for the paris, justice sonia society society my sotomayor pushed back on the word mandates. she and justices breyer and kagan indicated they will support the requirements. more and more people are getting sick every day. this is the policy that is most feared to stopping all this. reporter: so on the other hand, conservatives like chief justice john roberts questioned how much power such a sweeping requirement gives to the executive branch alone. listen. i wonder if it s not pair for us to look at the court as a general exercise of power by the federal government and then ask the questions, well, why doesn t