Attorneys and law firms are promising legal challenges if the Biden administration continues with a rule that private-sector workers must get COVID shots or show a negative test.
“Alliance Defending Freedom (ADF) will take legal action if the Biden administration follows through on this executive overreach,” said ADF senior counsel and vice president of U.S. litigation at a Friday press call.
Saying “our patience is wearing thin,” President Joe Biden announced the rule in September during a nationally televised address.
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“The Department of Labor is developing an emergency rule to require all employers with 100 or more employees that together employ over 80 million workers to ensure their workforces are fully vaccinated or show a negative test at least once a week,” said Biden.
The Occupational Safety and Health Administration (OSHA) will be overseeing and enforcing the rule. OSHA submitted the value to the Office of Management and Budget on Tuesday. Regardless, Cortman said neither OSHA nor the Department of Labor has the authority.
“It’s interesting, the Biden administration initially promised that there would be no national COVID-19 vaccine mandate,” said Cortman.
U.S. Centers for Disease Control and Prevention Director Rochelle Walensky said as much in July.
“Just weeks later, after that, President Biden announced that he would use executive power and impose a mandate after all,” added Cortman. “This is government overreach, pure and simple.”
When asked what legal arguments ADF will be making against the Biden rule, Cortman said there are several.
“There are obviously constitutional arguments, free exercise violations to religious organizations,” said Cortman. “Imagine the burden that it’s going to cause for religious organizations with employees who may have a religious or other medical reason for not getting the vaccine.”
Cortman went on to say that even the option for workers to show a negative test on a weekly basis will be a burden for employers, religious or otherwise.
“How much time will be taken away from work itself just to follow up on hundreds of employees and weekly testing without the mandate?” said Cortman. “A federal nationwide vaccine mandate has never been done in our country and I think there is a reason for that.”