
November 19, 2021
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.
ICYMI
Trump group latest to sue over Biden’s OSHA vaccine rule https://www.washingtonexaminer.com/news/white-house/trump-group-latest-to-sue-over-bidens-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
https://www.nationalreview.com/news/osha-suspends-enforcement-of-bidens-vaccine-mandate/
TO SUPPORT THIS CASE AND OTHERS BROUGHT ON BY AFPI’S CONSTITUTIONAL LITIGATION PARTNERSHIP VISIT AMERICAFIRSTPOLICY.COM
More News
May 31, 2023
ISSUE BRIEF: How the Administrative State is Being Used to Criminalize Lawful Gun Owners
Although recent victories for the Second Amendment in the United States Supreme Court, such as New York State Rifle & Pistol Association v. Bruen (2022), may give many Americans the…
May 31, 2023
AFPI Launches Messaging and Data Lab
May 31, 2023
AFPI Debt Ceiling Deal Policy Takeaways
In February 2023, AFPI published a debt ceiling primer that contained recommendations to address the country’s unsustainable fiscal path and implement policies that put the American…