Mike Pence’s political advocacy group asks Supreme Court to stop vaccine mandate
Federal appeals court reinstates Biden COVID-19 vaccine-or-testing mandate for large employers
Lawyers with the group allege in court filings that President Joe Biden’s administration is “attempting to use OSHA to accomplish an end that it has been unable to persuade Congress to support: the mandatory vaccination of the American public.”
The mandates say that workers at private employers with more than 100 employees, and some local and state government employees, must receive a COVID-19 vaccine. Workplaces also can have employees choose between getting vaccinated or wearing a mask and getting tested regularly for COVID-19.
Fifth Circuit Court of Appeals put a hold on the mandates until they could receive a closer review in the courts. Then another federal appeals court, the Sixth Circuit, dissolved that hold in December after it was given jurisdiction over the lawsuits.
Federal law says the government can enact “emergency temporary standards” if it is determined employees need to be protected from exposure to “substances or agents determined to be toxic or physically harmful or from new hazards.”
In its brief submitted to the Supreme Court on Dec. 30, Pence’s agency argues those mandates are typically only issued when there’s a specific job-related danger limited to the workforce, like asbestos exposure.
Advancing American Freedom also argued that such mandates in the past did not force medical treatment on employees.
The Sixth Circuit, however, noted the risk of COVID-19 in the workplace has not waned.
“The COVID-19 pandemic has wreaked havoc across America, leading to the loss of over 800,000 lives, shutting down workplaces and jobs across the country, and threatening our economy,” wrote Sixth Circuit judge Jane B. Stranch in a December opinion.
“Recognizing that the ‘old normal’ is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there.”
Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@gannett.com. Follow him on Twitter @IndyStarJohnny.