Lawsuits Pile Up Against Biden Administration’s Federal Vaccine Mandates

Eleven states joined in a lawsuit Friday challenging the Biden administration’s vaccine mandate on private employers with more than 100 employees.

The states—which include Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, and Wyoming—as well as a group of employers, filed the suit in the U.S. Court of Appeals for the Eighth Circuit, challenging the Emergency Temporary Standard issued by the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor on Friday.

On July 23, the White House said that mandating vaccination is “not the role of the federal government,” but shifted its take on September 9 when Biden announced several sweeping Covid-19–related mandates. Two months later, OSHA published the emergency mandate, which requires private employers with 100 or more employees to require their employees get vaccinated or implement weekly testing and mask requirements. Noncompliant businesses could face hefty fines.

“Today, I led an 11-state coalition in filing a lawsuit to halt Joe Biden’s unlawful vaccine mandate. The federal government should not be forcing private employers to require their employees to get vaccinated or foot the cost to test those employees weekly,” Missouri Attorney General Eric Schmitt said in a media release. “Local business owners have told me that the vaccine mandate would decimate their businesses, including some that have been around for decades, and they’re certainly not alone. There are thousands of businesses in Missouri alone that could be negatively affected by this mandate. That’s why I’m taking Joe Biden and his administration to court—to protect personal freedoms, preserve Missouri businesses, and push back on bureaucratic tyrants who simply want power and control.”

In Missouri, more than 3,400 private employers with more than 100 employees could be impacted, the attorney general said Friday. Other attorneys general cited similar impacts on private-sector employees.

“Today is the first step in stopping the Biden administration’s misguided Covid-19 vaccine mandate for employees of small businesses,” said Arizona Attorney General Mark Brnovich. “I am urging the court to move expeditiously to defend the fundamental rights of all Americans.”

Similar suits have been filed in other areas of the country.

During a recent press conference, Georgia Governor Brian Kemp, Attorney General Chris Carr, and Commissioner of Agriculture Gary Black outlined their decision to sue President Joe Biden over his fast-approaching mandate requiring all federal contractors be vaccinated by December 8, calling it “unconstitutional.”

The lawsuit calls the mandate “unconstitutional, unlawful, and unwise,” and claims that it infringes on states’ powers. Additionally, OSHA lacks statutory authority to issue the mandate, according to the claims.

Other states like Florida have announced similar plans to file lawsuits against the vaccine mandate.

Meanwhile, on Thursday, attorneys generals of Kentucky, Tennessee, and Ohio announced the filing of a lawsuit in the U.S. District Court for the Eastern District of Kentucky to block the Biden administration’s vaccine mandate for employees of federal contractors.

State officials claim the vaccine mandate is unconstitutional because police power to enforce mandates fall within the state’s authority and Congress did not give Biden authority to issue a broad mandate.

“We have sheriffs that are going to lose a lot of talented deputies to this mandate, and they’ll ultimately give up their contracts to house ICE detainees rather than see that happen,” Yost said. “Forcing that kind of choice on people who dedicate their lives to keeping our communities safe creates a needless situation in which everyone loses.”

From: Law.com