Republican AGs Object To Biden Administration’s Vaccine Mandate

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  • A group of 24 Republican AGs, led by South Carolina AG Alan Wilson, sent a letter to President Joe Biden objecting to the Biden administration’s proposed issuance of an emergency temporary standard pursuant to the Occupational Safety and Health Act (“OSHA”) that would mandate the COVID-19 vaccination of private sector employees.
  • The letter asserts both policy and legal concerns, including practical policy considerations of the potential to drive individuals out of the workforce. The letter also argues that the mandate raises fears about the expansion of a federal regulatory agency, and that courts have been skeptical of the use of OSHA emergency temporary standards because of concerns about federalism and the separation of powers. The letter further argues that the mandate is unlawful, does not take into consideration natural post-infection immunity, and does not account for differences among employees, including, for example, those who can work remotely.
  • The letter warns that, unless the mandate is rescinded, the undersigned AGs will litigate and seek every available legal remedy to block it.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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