() Tennessee Attorney General Herbert Slatery III announced that a coalition of seven attorneys general has filed a lawsuit against “the Biden Administration’s vaccine mandate for private-sector employees.”
by , November 9th, 2021
Slatery III, along with attorneys general from Idaho, Kansas, Kentucky, Ohio, Oklahoma, and West Virginia, filed the petition in the U.S. Court of Appeals for the Sixth Circuit.
“The coalition asks the court to review the emergency temporary standard issued by the Biden Administration’s Occupational Safety and Health Administration (OSHA), which requires the vaccination of tens of millions of citizens,” the release states.
“As we anticipated, the mandate asserts an unprecedented expansion of emergency regulatory powers by a federal agency,” Slatery III said in the release.
“Its scope and breadth is only exceeded by its length (about 500 pages). It also fails to consider the many steps already taken to prevent the spread of COVID-19 by individuals, employers, and our state,” the press release added.
The release states that Congress delegated power to issue temporary emergency standards to OSHA “for the express purpose of protecting employees from grave dangers posed by exposure to substances like physically harmful chemicals or asbestos encountered at work.”
The release adds: “That authority does not extend to risks that are equally prevalent at work and in society at large.”
The lawsuit, in part, reads:
Pursuant to Fed. R. App. 15, section 6(f) of the Occupational Safety and Health Act, 29 U.S.C. § 655(f), and the Administrative Procedure Act, 2 5 U.S.C. §§ 551–706, the Commonwealth of Kentucky and the States of Idaho, Kansas, Ohio, Oklahoma, Tennessee, and West Virginia (the “Petitioner States”) hereby petition the Court for review of the emergency temporary standard entitled “COVID-19 Vaccination and Testing; Emergency Temporary Standard” issued by the U.S. Department of Labor’s Occupational Safety and Health Administration, published in the Federal Register on November 5, 2021 at Volume 86, pages 61402 through 61555, and the accompanying administrative record.
[…]
On this date, Petitioner States are also filing a motion to stay the emergency temporary standard pending the Court’s review pursuant to Fed. R. App. 18. The States respectfully request a ruling on that motion for a stay pending final judgment by no later than November 12, 2021. This will allow the States to seek immediate relief at the Supreme Court before the compliance dates should this Court deny relief.
And here's the lawsuit: AG Slatery
Challenges @POTUS #VaccineMandates for Private Sector Employees: https://t.co/x4vqbVApRa— TN Attorney General (@AGTennessee) November 5, 2021
Biden’s vaccine mandate for private businesses was halted last week by a federal court that cited “grave statutory and constitutional issues.”
The U.S. Court of Appeals for the Fifth Circuit made the decision pending further litigation.
The order comes a day after the Occupational Safety and Health Administration officially published its vaccinate-or-test regulation, which was met by a flurry of lawsuits from Republican state attorneys general, companies, and other organizations seeking to block it. The emergency temporary standard is supposed to last just six months, heightening the significance of any delay before the rule gets full judicial review.
The three-judge Fifth Circuit panel that halted the regulation is composed of Judges Kyle Duncan and Kurt Engelhardt, who were both appointed by the Trump administration, and Judge Edith Jones, a Reagan administration appointee.
A group of companies led by BST Holdings sought the stay in the Fifth Circuit, where they filed suit on Friday seeking to have the measure voided. Challengers have similarly filed motions asking for the rule to be paused in other circuit courts.
“With multiple lawsuits against the OSHA regulation filed in several circuit courts, federal rules for multi-circuit litigation call for the cases to be consolidated and heard by one court that’s initially chosen by a lottery,” the report added.
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Source:
https://conservativebrief.com/challenging-54212/
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