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Case Update: AFPI’s Lawsuit Against the Biden Administration’s Vaccine Mandate on Private Businesses

November 19, 2021

On Tuesday, November 16th, 2021, the Biden Administration suspended implementation and enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) regarding mandatory vaccine mandates for companies with 100 or more employees. This action was a direct result of AFPI’s litigation filed on behalf of two small businesses in North Dakota in the Eighth Circuit Court of Appeals, along with 33 other lawsuits filed around the Nation. 

AFPI’s lawsuit was consolidated per federal judicial process by the United States Judicial Panel on Multidistrict Litigation. The process is in essence a lottery, with the district being chosen on a completely random basis. All lawsuits regarding OSHA’s Emergency Temporary Rule will now be heard by the Sixth Circuit Court of Appeals in Cincinnati, Ohio. 

Prior to consolidation, an opinion was issued by the Fifth Circuit Court of Appeals staying the ETS pending briefing and expedited judicial review, finding “cause to believe that there are grave statutory and constitutional issues with the mandate.” 

Since the ETS was published, our legal team has repeatedly stated that ETS’s are only to be used in extreme circumstances and were not created as a way to sidestep the traditional lawmaking process. 

AFPI looks forward to continuing this fight for ALL Americans’ right to make personal healthcare decisions and preventing unconstitutional government overreach.


Trump group latest to sue over Biden’s OSHA vaccine rule 

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

OSHA Suspends Enforcement of Biden’s Vaccine Mandate


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