The Heritage Foundation is suing the Biden administration to stop the requirement for private employers to have a vaccine.
The complaint was filed Monday in the D.C. Circuit and argues that the mandate is unconstitutional. It also exceeds the federal government's authority under the Commerce Clause.
The president of the Heritage Foundation and the incoming president of the think tank both issued statements on the lawsuit.
The Heritage Foundation has a vital role to play in the courts to protect and secure the freedom of all Americans to make medical decisions for themselves.
To all of our members, to the conservative movement, and to Americans concerned by this unacceptable overreach by President Biden and his administration, I say this, that Heritage's leadership is united behind this lawsuit, and we are going to fight tooth-and-nail.
The vaccine mandate requires businesses and other organizations with 100 or more employees to have their employees either be fully vaccined or have the results of weekly tests for the coronaviruses by January 4. There are about 270 employees at Heritage.
The American Center for Law and Justice filed a lawsuit on behalf of Heritage, which is the parent organization of The Daily Signal.
Roberts said that the Heritage Foundation has not historically filed lawsuits. We view this mandate as a serious threat to our individual liberty and the values that make America great, and that's why we're doing so now. Under my leadership, The Heritage Foundation will continue to stand up for liberty, freedom, and opportunity for all.
Roberts continued.
I wish this lawsuit was not necessary. The rule of law and the Constitution should be respected by the White House.
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It is clear that this administration will pursue the most radical policy agenda in American history, even if it hurts Americans and our national interests. We at Heritage are just beginning to fight back.
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I am very excited to be leading this incredible organization at a time when our nation is at a critical point in its history and to be involved in the trenches on some of the most important fights we have seen in a generation.
The Occupational Safety and Health Administration was given the authority by Biden to require employers with 100 or more workers to make sure that their workers are fully vaccined or have weekly test results showing they don't have Covid-19.
Biden said that the mandate would protect workers from unvaccinated co-workers.
The Biden administration believes that OSHA has the authority to impose the mandate because too many Americans refuse to get vaccine.
Biden said the United States is doing its part to get its citizens vaccinations, and added that we can't let up until the world is vaccine free.
The Heritage Foundation is one of many employers that have filed lawsuits against the Occupational Safety and Health Administration.
Jay Sekulow, chief counsel for the American Center for Law and Justice, said in a written statement that they were honored to serve as counsel for The Heritage Foundation. The case focuses on the constitutional issues raised by the employer mandate.
Implementing the mandate, which would cover at least 84.2 million Americans working for about 164,000 different businesses and other organizations, could be difficult.
The vaccine mandate was put on hold by the 5th US Circuit Court of Appeals.
The appeals court found that Biden's vaccine mandate was "staggeringly over broad" and likely violated the constitutional structure that safeguards our collective liberty.
The mandate will not be enforced while the litigation is pending.
The federal requirement for health care workers in 10 states to be vaccine free was halted by a federal court in Missouri on Monday.
The Department of Health and Human Services came up with the requirement, which is separate from OSHA's emergency regulation.
The Office of Personnel Management said that it would delay penalties against federal employees who were not up to date on their vaccinations.
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