AGs in 11 US States File Lawsuit Over Biden’s Federal COVID-19 Vaccine Mandate for Workplaces

Earlier this week, Kentucky, Ohio, and Tennessee filed a lawsuit challenging the Biden administration's nationwide COVID-19 vaccine mandate for companies with 100 or more employees. Louisiana, Indiana and Mississippi also opposed the mandate, claiming that the order "usurps State authority" and "violates a litany of constitutional restraints."

A total of 11 US states have rallied together in yet another legal opposition to US President Joe Biden's vaccine mandate requiring private US companies with more than 100 employees to ensure their workforce is vaccinated against COVID-19.

The Petition for Judicial Review, filed on Friday in the US Court of Appeals for the Eighth Circuit, argues that, up until recently, the US Supreme Court has ruled that compulsory vaccination orders are typically left to state governments, rather than the federal government.

The coalition, led by Missouri Attorney General Eric Schmitt (R), includes the US states of Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, and Wyoming. Five private, US-based employers also joined Missouri's legal challenge.

The only non-Republican AG who hopped on board was Iowa's Tom Miller (D).

"I believe the vaccine is the best defense against COVID-19," said Iowa Governor Kim Reynolds (R), "but I also firmly believe in Iowans’ right to make healthcare decisions based on what’s best for themselves and their families, and I remain committed to protecting those freedoms."

Schmitt suggested in a same-day news release that Biden's plan will have a negative nationwide impact on business.

"The federal government should not be forcing private employers to require their employees to get vaccinated or foot the cost to test those employees weekly," the Missouri Attorney General said in a quoted statement.

U.S. Vice President Kamala Harris receives her booster of the Moderna vaccine for coronavirus disease (COVID-19) in Washington, U.S., October 30, 2021.

© REUTERS / Joshua Roberts

The US Department of Labor’s Occupational Safety and Health Administration (OSHA) encountered immediate pushback after announcing earlier this week that private employers with 100 or more US employees must ensure each of their workers is fully vaccinated against COVID-19 or is - at the least - tested weekly for the highly-contagious disease. It also called for US employers to provide their workers with paid time off for vaccination appointments.

The administration estimates the move will impact some 84 million employees in the country. Additionally, the Centers for Medicare & Medicaid Services (CMS) is requiring the more than 17 million health care workers at some 76,000 Medicare and Medicaid-participating facilities be fully vaccinated against COVID-19.