Tea Party Patriots and Job Creators Network Praise Supreme Court Ruling on Biden’s OSHA Vaccine Mandate

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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Awaiting Supreme Court Decision, Iowa OSHA Blocks Vaccine Mandate for Businesses

man in yellow hardhat and work jacket

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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Arizona Reps. Gosar, Biggs, and Lesko Join Brief Demanding SCOTUS Block Biden’s Vaccine Mandate on Large Private Employers

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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Buckeye Institute Appeals Biden Vaccine Mandate Ruling to the U.S. Supreme Court

The Buckeye Institute, an independent research and educational institution, filed a motion with the U.S. Supreme Court for an emergency stay of the Biden administration’s Occupational Safety & Health Administration (OSHA) vaccine mandate.

The filing followed a decision from the U.S. Court of Appeals for the Sixth Circuit that allowed the mandate, which will demand all companies with at least 100 employees to require the vaccine or regular testing, to be reinstated.

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Arizona Lawmakers Demand Gov. Ducey Call a Special Session so They Can Stop COVID-19 Vaccine Mandate for City of Phoenix Employees

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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Tennessee House Speaker Celebrates Court Ruling Blocking Vaccine Mandates

Tennessee’s Republican House Speaker is celebrating after a federal judge Tuesday struck down President Joe Biden’s COVID-19 vaccine mandate for healthcare workers. 

“Speaker Sexton has always maintained that federal mandates imposed on Americans by the Biden administration were unconstitutional,” Doug Kufner, Communications Director for Tennessee’s House Speaker Cameron Sexton (R-Crossville) told The Tennessee Star Wednesday. “These injunctions are the first step in preserving the constitutional rights of Tennesseans and all Americans.”

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Ohio Think Tank Sues for Documents on Biden Administration’s Vaccine Mandate

An Ohio public policy think tank said Wednesday that it is seeking to get to the bottom of how the White House decided to implement its federal COVID-19 vaccine mandate.

“The Buckeye Institute filed a motion with the U.S. Court of Appeals for the Sixth Circuit on behalf of its clients, Phillips Manufacturing & Tower Company and Sixarp LLC, demanding that the White House produce all communications and records regarding the initiation and development of President Biden’s vaccine mandate,” according to a press release from the group.

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OSHA Suspends Vaccine Mandate After Emergency Temporary Standard Struck Down by Court

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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Feds Urge Circuit Court to Reject Florida Request for Hold on Vaccine Rule

Federal attorneys for the Biden administration filed a document Friday evening requesting the U.S. 11th Circuit Court of Appeal to reject a potential hold on the rule issued by Biden that would mandate employees of businesses of 100 or more people to receive the COVID-19 vaccine or be regularly tested and forced to wear a mask.

The hold on Biden’s employee vaccine rule was requested by Florida, Alabama, and Georgia who argue that the rule, established under the Occupational Safety and Health Administration (OSHA), oversteps its authority and would result in thousands of people losing their jobs.

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Fifth Circuit: Challenge to Biden Vaccine Mandate ‘Virtually Certain to Succeed’ Based on Constitution and Law

woman with a hard hat and safety glasses on

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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Commentary: I Am Challenging the Vaccine Mandate to Protect My Workers’ Jobs

Blue Collar Worker

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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Arizona Rep. Shawnna Bolick Demands Meeting with Mayo Clinic to Discuss Its Mandatory Vaccine Policy

Shawnna Bolick

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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Brnovich Leads 11 States Suing Biden Administration over Vaccine Mandate for Private Businesses

Mark Brnovich

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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Arizona Attorney General Brnovich Files Request for Temporary Restraining Order Against Biden’s Vaccine Mandate

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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Biden’s Vaccine Mandate Depends on Occupational Safety and Health Act Emergency Regulation

woman with a hard hat and safety glasses on

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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Vaccine Mandate Enforcement Threatens to Create a Second Economic Crisis

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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Tennessee Attorney General Blasts Biden Administration over COVID Vaccine Mandate

Tennessee’s Attorney General this week sent a letter to the Biden Administration challenging the legality of the the forty-sixth President’s recent COVID-19 vaccine mandate. 

“I would encourage everyone eligible, in consultation with a doctor, to get a COVID vaccination,” Attorney General Herbert Slatery III said in a statement. “It is one effective way out of this pandemic. However, this vaccine-or-test mandate appears to be an unprecedented expansion of federal power and fails to consider the steps individuals, employers, and our state have already made.”

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