More than twenty-six states have brought multiple lawsuits in federal court against Biden's mandate to vaccinate or test private businesses. They claim that the Occupational Safety & Health Administration is not authorized to make such a requirement.
Over the last few days, groups representing 26 states filed the four lawsuits in the 8th Circuit (11th Circuit), 6th Circuit (6th Circuit) and 5th Circuit (5th Circuit). They are seeking to invalidate an emergency rule that required companies with over 100 employees to ensure their workers were vaccinated.
Both the Republican National Committee and the small business group Job Creators Network have stated that they intend to file lawsuits.
The lawsuits claim that the Department of Labor does not have the authority to issue rules and that it didn't follow proper procedures when issuing an emergency temporary standard.
Florida, Georgia, and Alabama filed suit in the 11th Circuit arguing that the requirements are inconsistent with the First Amendment as well as the Religious Freedom Restoration Act.
In a statement, Chris Carr, Georgia Attorney General, stated that this illegal mandate is another example of the Biden administration's total disregard for Constitutional rights granted to our state and our citizens. Under the pretext of workplace safety, the federal government does not have the authority to make healthcare decisions for Georgia's employees and companies. We will fight back against this extraordinary abuse of power before it causes irreparable damage to our state's economy and economy.
The court gave the government until Monday at 5 p.m. to respond to the plaintiffs' demand for a permanent order. The Justice Department declined comment. The White House referred comments to the Department of Labor.
In a statement that followed the decision, Sen. Ben Sasse described vaccine mandates similar to the Biden administration as "unconstitutional waste" and said the "Fifth Circuit got it right."
The Nebraska Republican stated that vaccines are "miracles of modern medicine" and "American ingenuity." "But we are not going to beat the terrible virus with extreme partisanship and unconstitutional executive order. OSHA's mandate is illegal and will only increase vaccine hesitancy. Before the courts embarrass him, the President should take a hard look at his decision.