First Liberty Institute says Biden's Employer Vaccine Mandate Faces an Uphill Legal Battle

WASHINGTON, Nov. 23, 2021 /PRNewswire-PRWeb/ -- First Liberty Institute applauded the decision made on November 17, 2021, by the Department of Labor's Office of Occupational Safety and Health Administration (OSHA), obeying a ruling by the Fifth Circuit Court of Appeals, suspending enforcement of the OSHA Covid-19 vaccine mandate on private employers with more than 100 employees. https://www.natlawreview.com/article/appellate-court-halts-osha-s-emergency-temporary-standard-requiring-mandatory-covid

Keisha Russell, Counsel with First Liberty Institute, concentrates on religious liberty matters and First Amendment rights for the Institute, said, "Earlier this month, the Fifth Circuit Court of Appeals enjoined enforcement of the OSHA vaccine mandate. The Court responded to a plethora of employers ranging from manufacturers to a religious television network. The employers asked the Court to stay the mandate while the cases moved forward to determine whether the Biden-induced standard was constitutional. The Court granted the request stating that the employers had a likelihood of succeeding in proving that the mandate was improper government overreach."

According to Keisha Russell, besides the employer's constitutional arguments, the various companies and organizations fear the administrative costs of complying, stating that tracking and paying for weekly testing would impose significant costs. She contends that this includes the cost of losing employees who might be inclined to quit rather than get vaccinated or comply with intrusive and inconvenient testing requirements.

But the Fifth Circuit sided with the employers and scolded the mandate stating that "Congress did not authorize OSHA to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest ways." It called the mandate overinclusive because it applied to employers and employees in almost all industries and workplaces in America, without accounting for the differences in infection risks. It called the mandate underinclusive because it purported to save employees with 99 or more coworkers but did not attempt to protect employees with 98 or fewer coworkers.

Next, all of the cases filed nationwide against the mandate will be consolidated and heard by the Sixth Circuit Court of Appeals to further evaluate the legality of the mandate, according to the First Liberty Institute. https://www.jpml.uscourts.gov/sites/jpml/files/MCP-165-Consolidation_Order-11-16-2021.pdf

Meanwhile, Florida is one of several states to revolt against vaccine mandates by enacting a state law prohibiting businesses from requiring vaccines for employees. On the contrary, cities like Los Angeles and New York City require vaccination if patrons want to enter most indoor public spaces. Some places, like Colorado's latest public health order, impose highly restrictive vaccine requirements with no test-out option.

Like the OSHA mandate, such state and local mandates will also face constitutional tests in court. Their fate is uncertain.

Said Russell, "All Americans should be concerned when the government drives outside of its lane to control individual public health decisions. We must hold the government accountable and ensure it can prove its authority to control its citizens. As the Fifth Circuit noted, the government cannot breathe new power into itself ? no matter how thin patience wears."

Media Contact

Keisha Russell, First Liberty Institute, 972-941-4444, [email protected]

SOURCE First Liberty Institute