AFPI’S CONSTITUTIONAL LITIGATION PARTNERSHIP FILES LAWSUIT WITH ALLIANCE FOR FREE CITIZENS TO CHALLENGE BIDEN ADMINISTRATION’S UNCONSTITUTIONAL OSHA VACCINE MANDATE

November 10, 2021

Click here to view AFPI's Petition for Review.

Click here to view AFPI's Petition for Stay.

Today, the America First Policy Institute (AFPI), in partnership with Alliance for Free Citizens, filed a Petition for Review and Motion for Stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on behalf of DTN Staffing and Miller Insulation, two small businesses based out of North Dakota.  

On November 5, 2021, OSHA introduced an ETS mandating that companies with 100 employees or more force their employees to either receive the COVID-19 vaccine or undergo weekly testing at the expense of the individual. If companies do not comply, they will face staggering fines of nearly $14,000 per violation of the ETS. 

Our legal team is asking the Eighth Circuit Court of Appeals to review the Biden Administration’s obtrusive vaccine mandate on private companies and American workers. It is our belief that the federal government is violating the rights of Americans by infringing on individual liberty and Americans’ right to make personal health decisions without the risk of losing their job and their ability to put food on the table for their family. 

In this lawsuit, the Constitutional Litigation Partnership will be representing: 

  1. Jamie Fleck, Founder and President of DTN Staffing, along with several of the company’s employees. DTN Staffing is a company dedicated to providing highly qualified healthcare staff to medical facilities throughout the Midwest.
  2. Brad Miller, President of Miller Insulation, along with several of the company’s employees. Miller Insulation offers commercial and residential contracting, industrial insulation, and oilfield services in various states across the country. 

Statement from the Chair of AFPI’s Constitutional Litigation Partnership, Pam Bondi:   

“The Constitutional Litigation Partnership at America First Policy Institute is dedicated to ensuring Americans’ rights are not infringed and the principles of our Constitution are upheld. This case challenges the unconstitutional and statutory issues with the OSHA guidance that is affecting more than 80 million Americans. The Biden Administration’s egregious and overreaching OSHA guidance threatens the livelihood of hardworking Americans and private businesses across our Nation. Our individual Liberties – guaranteed to us by the Constitution – color the fabric of our Nation, and seemingly every day the Biden Administration tests their ability to violate these rights. AFPI is proud to stand with Alliance for Free Citizens to take a stand against Biden’s OSHA guidance and protect the rights of American businesses and workers – who are the true backbone of this great Nation.” 

Statement from General Counsel of the Alliance for Free Citizens, Kris W. Kobach: 

“This case is crucial in the defense of our Constitution against an overreaching administration in Washington, D.C. I am delighted that our two organizations are teaming up to fight this important fight. Our country's Founders created a federal government that was supposed to be one of enumerated and limited powers.  If they were alive to see it, they would be appalled at what OSHA is attempting to do under the guise of regulating interstate commerce. This vaccine mandate attempts to take the federal government where it has never gone before--into the realm of forcing unwanted vaccines into the bodies of American citizens. We must win this fight, and we will win this fight."

FOR MEDIA INQUIRIES REGARDING THIS LAWSUIT PLEASE CONTACT CHIEF OF STAFF TO THE CONSTITUTIONAL LITIGATION PARTNERSHIP, CATHARINE CYPHER AT [email protected]