January 26, 2022

Republicans file brief with Supreme Court to shut down Joe Biden’s vaccine mandate

President Joe Biden’s COVID-19 vaccine mandate using Occupational Safety and Health Administration is having its day in court. What happens from here will determine the trajectory of medical freedom in the U.S. — and GOP lawmakers know that.

An amicus brief filed by 170 Congressional Republicans Thursday argued that OSHA has no authority to impose the mandate, Breitbart reported. More than 130 GOP members of the House and over 40 from the Senate signed on to argue in favor of imposing a stay against it.

The Supreme Court will decide whether the mandate that required the jab for workers in companies with more than 100 employees will stand. A previous stay was overturned by a federal appeals court, so the lawmakers are asking the high court to put the brakes on the mandate until the issue is fully resolved.

“Congressional members have an interest in the powers they delegate to agencies not being abused—the legislative authority vested in the federal government belongs to Congress, not the Executive branch,” the brief said. “In this case, the promulgation by [OSHA] of a sweeping, nationwide vaccine mandate on businesses intrudes into an area of legislative concern far beyond the authority of the agency.”

The brief takes issue with the rationale that a full vaccinated staff will not transmit the virus, a fact that is disputed by the Centers for Disease Control and Prevention. “Vaccinated workers can still contract and transmit COVID-19, including the new Omicron variant,” the brief pointed out.

“Given that fact, imposing masking and testing restrictions only on unvaccinated workers makes no sense because all workers regardless of vaccination status remain potential carriers and transmitters of the virus,” the Republican lawmakers continued. “If the Rule does not cure the supposed grave danger in the workplace, it cannot be necessary under the statute.”

The letter also questioned OSHA’s authority to implement such a sweeping rule. The lawmakers argued that the “separation of powers” is fundamental and “remains a basic principle of our constitutional scheme that one branch of the Government may not intrude upon the central prerogatives of another.”

Requiring employees to receive a medical procedure to keep their jobs is un-American. The question for the court will be whether it’s also unconstitutional.

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