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The problem with that argument is that congress and the osha rules has basically said, if there's a grave threat to -- at a workplace, regulate. and that's why the sixth circuit court of appeals, where this decision is being reviewed from has upheld the biden administration's mandate. >> so neal, what are you going to be paying close attention to during today's arguments? >> i'll be watching three justices in particular. particularly the chief justice, a so-called swing justice at this point, he's quite conservative, but because the court is far more conservative than american society, he wind...

Does it carry its own risks? joining us now, national security correspondent for the new york times. thank you for being here. >> what can you tell us about the status of the u.s. attempt to use cyber technology to scuttle north korean missiles. is it enough to have sabotaged this test that we tried? >> it may have been used to sabotage the test. it's very hard to tell for any individual test. there's so many things that can go wrong with a test. you could have american sabotage. could you have bad welding, you could have bad manufacturing. you know, the north koreans don't exactly follow osha...

Question, did the u.s. have anything to do with this week's launch failure. did the program have anything to do with north korea's decision not to try another nuclear test? and does this new strategic shift ensure a safer united states or does it carry its own risks? joining us is david sanger, noshl rrespondent for the "new york times." thank you for being here. >> thank you, joy. >> what can you tell us about the status of the u.s. attempt to use cyber technology to scuttle north korean miflgz? is it enough to have maybe saab tajd this test that they tried? >> it may have been used to sabota...

York times." thank you for being here. >> thank you, joy. >> what can you tell us about the status of the u.s. attempt to use cyber technology to scuttle north korean miflgz? is it enough to have maybe saab tajd this test that they tried? >> it may have been used to sabotage the tests. it's very hard to tell very any individual test because there's so many things that can go wrong with a test. you could have american sabotage, you could have bad welding and manufacturing. north koreas don't exactly follow osha rules and they don't have the best quality control in the world. for any individual ...

Service, army corps of engineers, food and drug administration, the national oceanic and add moss severic administration. you have to comply with the fishery act. you've got to comply with the jones act, osha rules. make the fishery management councils happy and worry about all the state agencies involved with historic preservation and tourism. it's a problem here. he found panama a lot more easy to deal with. >> steve: what's the moral to this story? >> if we keep driving entrepreneurs out of the country, we'll become like the french. one of the jokes in the venture capital industry is that t...