Tea Party Patriots Action (TPPA) and the Job Creators Network (JCN) praised the ruling handed down by the U.S. Supreme Court that prohibited President Joe Biden’s vaccine mandate for private businesses.
The mandate, which would have been enacted by the Occupational Safety and Health Administration, could have forced businesses with 100 or more employees to mandate the vaccine or weekly testing.
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Iowans are waiting for the U.S. Supreme Court’s decision on the COVID-19 vaccine mandate for businesses with at least 100 employees. In the meantime, they’re moving ahead with actions of their own.
Iowa Department of Education Communications Director Heather Doe told The Center Square in an emailed statement that since Iowa is a state-plan state, the Iowa Division of Labor typically enforces workplace safety in Iowa instead of the federal Occupational Safety and Health Administration. The state is required to notify OSHA whether it will adopt a given Emergency Temporary Standard or provide notice it will not adopt it because its standards are as effective as the new federal standard. Iowa needed to respond to the standard by Jan. 7.
Iowa Labor Commissioner Rod Roberts did so, saying that the Hawkeye State will not adopt or enforce the mandate.
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Three Arizona members of Congress are joining in on a lawsuit against the Biden administration over its COVID-19 vaccine mandate for businesses with 100 or more employees. Reps. Paul Gosar (R-04-Ariz.), Andy Biggs (R-05-Ariz.), and Debbie Lesko (R-08-Ariz.) along with 180 other members of the U.S. House of Representatives and U.S. Senate filed an amicus curiae brief in NFIB v. OSHA challenging the authority of the Occupational Safety and Health Administration (OSHA) to implement the mandate.
The members of Congress argued that the mandate violates federalism, encroaching on the states’ authority. “[T]he sudden ‘discovery’ of authority under the OSH Act confirms that it was never intended to displace state authority in this area.” They assert, “Congress did not give that power to an agency bureaucrat.”
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The City of Phoenix instituted a COVID-19 vaccine mandate for employees, and numerous Republican lawmakers want to stop it. Several legislators sent a letter to Gov. Doug Ducey demanding that he call a special session of the Arizona Legislature so they can pass legislation halting that mandate and any others in Arizona.
Sen. Nancy Barto (R-Phoenix), Rep. Shawnna Bolick (R-Phoenix), and Rep. Justin Wilmeth (R-Phoenix) wrote, “We urge you to immediately call us into a special session to pass legislation prohibiting any government entity from mandating the COVID-19 vaccine. Since the Arizona Supreme Court struck down policy provisions added to the budget passed earlier this year as a violation of our state Constitution’s single subject clause, it is imperative we address medical freedom issues taking place in our K-12 public schools, public colleges and universities, and any city, county or town from imposing a vaccine passport or mandate on any person or business.”
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After The Fifth Circuit Court of Appeals ruled Friday to keep its stay of the Occupational Safety and Health Administration’s (OSHA) emergency rule that would require employers of more than 100 employees to mandate COVID-19 vaccines in place, the federal agency says that it will no longer pursue private sector vaccine mandates at this time.
“On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”),” OSHA said in a statement. “The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
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The Fifth Circuit Court of Appeals ruled on Friday to keep its stay of the Occupational Safety and Health Administration’s (OSHA) emergency rule that would require employers of more than 100 employees to mandate COVID-19 vaccines in place, determining that the private businesses challenging the rule were “very likely to win” their case.
The case is BST Holdings v. OSHA, No. 21-60845. BST Holdings, along with a host of other companies and several states, including Louisiana, Texas, South Carolina, Mississippi and Utah, sued President Joe Biden’s OSHA to halt the vaccine mandate.
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The Biden administration has finally published its anticipated ultimatum threatening companies like mine with severe fines and penalties for not firing any employee who declines to be vaccinated against or submit to invasive weekly testing for COVID-19. The new rule promulgated by the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) under the guise of workplace safety may well bankrupt the business my father founded. So, as the CEO of the Phillips Manufacturing & Tower Company, I am joining with The Buckeye Institute to challenge OSHA’s vaccine mandate in court. Here’s why.
Phillips is a 54-year-old company based in Shelby, Ohio, that manufactures specialty welded steel tubing for automotive, appliance, and construction industries. OSHA’s emergency rule applies to companies with 100 or more employees — at our Shelby Welded Tube facility, we employ 104 people. As a family-owned business I take the health of my workers seriously — they are my neighbors and my friends. When I heard of the mandate, we conducted a survey of our workers to see what the impacts would be. It revealed that 28 Phillips employees are fully vaccinated, while antibody testing conducted at company expense found that another 16 employees have tested positive for COVID-19 antibodies and likely possess natural immunity. At least 47 employees have indicated that they have not and will not be vaccinated. Seventeen of those 47 unvaccinated workers said that they would quit or be fired before complying with the vaccine or testing mandate. Those are 17 skilled workers that Phillips cannot afford to lose.
Perhaps the Biden administration remains unaware of the labor shortage currently plaguing the U.S. labor market generally and industrial manufacturing especially. Like many companies, Phillips is already understaffed, with seven job openings we have been unable to fill. Employees already work overtime to keep pace with customer demand, working 10-hour shifts, six days a week on average. Firing 17 veteran members of the Phillips team certainly won’t help.
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Private employers around the country are implementing COVID-19 vaccine mandates, some in response to the mandate implemented by President Joe Biden on businesses with 100 or more employees through the Occupational and Safety Health Act (OSHA), and Arizona Rep. Shawnna Bolick (R-Phoenix) is pushing back. Bolick sent a letter to Mayo Clinic in Phoenix demanding a meeting to discuss its vaccine mandate, stating that Biden’s OSHA mandate is unconstitutional and pointing out various reasons why Mayo should reconsider its policy. Bolick said that she has received dozens of emails from Mayo employees about it, including remote workers who work from home.
“During the height of the pandemic in 2020, these same health care heroes worked tirelessly for Mayo to care for the sick knowing they were potentially putting their own health and family’s health at risk,” she wrote. “Yet, just a year later, Mayo appears ready to show them the door considering the Biden/Harris administration’s lawless vaccine mandate.”
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Arizona Attorney General Mark Brnovich, who was the first person in the country to sue the Biden administration over its COVID-19 vaccine mandates, is now co-leading another lawsuit with 11 other attorneys general over another aspect of the mandates. This new lawsuit challenges the mandate for private businesses with over 100 employees.
His first lawsuit, filed on September 14, primarily challenged the mandate’s applicability to federal employees and contractors. Brnovich and 23 other attorneys general next warned the Biden administration in a letter on September 16 that a new lawsuit was coming if the mandate wasn’t reversed. On October 22, Brnovich filed a request for an emergency temporary restraining order to stop the mandate from going into effect.
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The Job Creators Network (JCN) Thursday announced a lawsuit against the Biden Administration just hours after the announcement that a COVID-19 vaccine mandate for all companies with 100 employees or more will take effect on January 4.
That mandate is expected to affect 84 million Americans.
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After filing the first lawsuit in the country to stop President Joe Biden’s COVID-19 vaccine mandate for businesses with over 100 employees, federal employees and federal contractors, Arizona Attorney General Mark Brnovich is now amending it to request a temporary restraining order and nationwide preliminary injunction. He cites a lengthy list of problems with the mandate, beginning the 54-page brief by saying, “This case presents circumstances that would have been unthinkable to our Founding Fathers.”
In a statement, Brnovich declared, “Once a vaccine has been administered, it can never be undone. The COVID-19 vaccine mandate is one of the greatest infringements upon individual liberty, federalism, and the separation of powers by any administration in our country’s history.”
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President Joe Biden is using what one court opinion called “the most dramatic weapon in OSHA’s enforcement arsenal” to back up his COVID-19 vaccine mandate for employers with 100 or more workers.
But relying on this bureaucratic weapon could be a risky strategy in the face of litigation threats, since courts have struck down all or part of the Occupational Safety and Health Administration’s emergency regulations in four of the six legal challenges so far.
Biden mentioned OSHA’s role Thursday in a speech promoting the need for Americans to get COVID-19 vaccinations during a trip to Elk Grove Village, Illinois, near Chicago.
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President Joe Biden announced a vaccine mandate on Sept. 9, causing experts to debate the potential economic impact of the rule.
Biden directed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to create a rule requiring businesses with 100 or more employees to require that employees get vaccinated or undergo weekly testing.
The new mandate would affect roughly 100 million Americans, specifically private employees, health care workers and federal contractors who have yet to receive a vaccine, the Daily Caller reported.
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