OSHA CASE UPDATE: AFPI ASKS THE SUPREME COURT TO GRANT THE EMERGENCY APPLICATION TO STAY BIDEN’S VACCINE MANDATE

December 30, 2021

(Washington, D.C.) - In response to the decision by the United States Court of Appeals for the Sixth Circuit to lift the stay issued by the Fifth Circuit, the America First Policy Institute’s (AFPI) Constitutional Litigation Partnership (CLP) filed a Response in Support of Emergency Application for Writ of Stay with the United States Supreme Court in partnership with Alliance for Free Citizens.

The Sixth Circuit’s decision to lift the stay on the Biden Administration’s Occupational Safety and Health Administration’s (OSHA) unlawful and unconstitutional vaccine mandate reinstates a requirement that is negatively affecting the livelihood of thousands of hard-working Americans and American businesses.

Our legal team is asking the Supreme Court to review the Sixth Circuit’s order and immediately grant a stay pending a resolution of the mandate’s legality. As we state in our response, the vaccine mandate, which is scheduled to take effect in January, places our clients, DTN Staffing and Miller Insulation, and their employees, in the untenable position of “having to choose between their religious beliefs and their jobs” and “treats them differently from vaccinated employees who do not hold the same religious beliefs.” Moreover, the Biden Administration’s requirement that our clients’ employees receive an unwanted vaccine violates their constitutional liberty interest to refuse unwanted medical treatment and to be secure in their bodily integrity.  

In so doing, the Constitutional Litigation Partnership at AFPI, along with its partner, Alliance for Free Citizens, continue to stand for all Americans’ God-given liberties and rights, as enshrined in our Constitution. We will continue to fight the Biden Administration’s illegal overreach and, unlike them, always put the American people first.

Click here to view AFPI’s Emergency Application Response.

Click here to view AFPI’s Petition for Review.

Click here to view AFPI’s Petition for Stay.

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The America First Policy Institute is a non-profit, non-partisan research institute dedicated to the ad­vancement of policies that put the American People first. Its guiding principles are liberty, free enterprise, the rule of law, America-first for­eign policy, and a belief that American workers, families, and communities are the key to the success of our country.