Republican states started filing lawsuits to overturn the Biden administration's demand that roughly 2 million U.S. firms have employees tested or vaccinated for COVID-19, claiming that it violates civil freedoms.
Biden's Vaccine Mandate to the Employees
In a recently published article in The Hill, officials from the Biden administration claim they are operating within the law, but that has not stopped business groups, religious organizations, and Republican state attorneys general from launching lawsuits or Republican politicians from threatening legislative action.
President Biden has previously said that the wide vaccine-or-test rule will be implemented, and the Labor Department revealed it on Thursday. Businesses with at least 100 workers are required to comply, with a deadline of January 4 set by the government.
Biden said that he is losing patience with Americans who refuse to be vaccinated against the coronavirus, and the regulation is intended to press the issue in the workplace, according to a recently published news article in Reuters.
Republicans File Lawsuits Against Biden's Vaccine Mandate
Republican governors and attorneys general pledged litigation within hours of the rule's release on Thursday. By Friday, almost all of them had either filed their own lawsuit or joined one that had already been filed. The fight over vaccine requirements is being framed by Republicans as a civil rights issue.
A group of 11 states, headed by Missouri Attorney General Eric Schmitt (R), who is running for Senate, argues that the Occupational Safety and Health Administration (OSHA) has the jurisdiction to enact such broad federal public health standards and that the rule is unconstitutional.
In a published article in Illinois News Today, Missouri's petition was signed by a number of companies and groups, including the Christian Employers Alliance and the Home School Legal Defense Association. Meanwhile, separately, a group headed by West Virginia Attorney General Patrick Morrisey (R) filed a similar action in the 6th Circuit, requesting a stay of the requirement while the case is being litigated.
White House Says It Can Withstand Legal Challenges
Despite the avalanche of lawsuits, White House officials have repeatedly stated that the regulations are legitimate. Karine Jean-Pierre, the White House deputy press secretary, said on Friday that the administration is "quite optimistic" that the mandate would survive legal challenges.
In a published article in 10 On Your Side, Jean-Pierre said that the Department of Labor has the legal power and obligation to keep employees safe. The Department of Labor believes they have the jurisdiction to do so. She also said that this is about saving people's lives and ensuring the safety of their job.
Furthermore, Labor Secretary Marty Walsh told McClatchy, soon after the rule was issued, that state attorneys general have the authority to sue, but that he doesn't have to worry about a court issuing an injunction preventing enforcement.
Needless to say, the authority of OSHA to issue emergency temporary standards (ETS), which bypass the normal regulatory process and take effect immediately if the Labor Secretary determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful, is at the heart of the problems.
