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All the States That Have Sued Over Biden's Vaccine Mandate

By Jon Jackson,

2021-11-05

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At least 26 states are taking part in lawsuits against the federal government following the White House's Thursday announcement of COVID-19 vaccine rules that will affect more than 100 million U.S. workers.

The vaccine requirement outline, issued by the federal Occupational Safety and Health Administration (OSHA), applies to businesses with at least 100 employees. These workers are required to be vaccinated against COVID-19 by January 4 or be subject to mask requirements and weekly tests.

The legal challenges, almost all coming from GOP-led states, contend that the federal government's mandate is an overreach that usurps the authority of states to determine health policies.

"This mandate is unconstitutional, unlawful, and unwise," Missouri Attorney General Eric Schmitt said in a court filing that represented 11 states.

Joining in Missouri's suit were attorneys general from Alaska, Arizona, Arkansas, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. The office of Iowa Attorney General Tom Miller is also listed on the suit, making him the only Democratic attorney general thus far to join in a legal challenge to the mandate. However, Miller said in a statement that he signed on under the instructions of Republican Governor Kim Reynolds.

States that also filed together in coalitions on Friday were Louisiana, Mississippi, South Carolina, Texas and Utah; Kansas, Kentucky, Idaho, Ohio, Oklahoma, Tennessee and West Virginia; and Alabama, Florida and Georgia.

Those suits followed a separate challenge filed Thursday by attorneys general in Kentucky, Tennessee and Ohio, who are trying to stop the vaccine mandate for federal contractors from going into effect. President Joe Biden is named as a defendant in the petition, along with various other government departments and officials.

In addition, Indiana's state attorney general announced his office will challenge the mandate rules in three separate lawsuits in the coming week, and Texas already filed a suit individually last Friday.

"The Biden Administration has repeatedly expressed its disdain for Americans who choose not to get a vaccine, and it has committed repeated and abusive federal overreach to force upon Americans something they do not want," Texas Attorney General Ken Paxton said when announcing his state's suit on October 29.

During a press briefing Friday, principal deputy press secretary Karine Jean-Pierre was asked about the lawsuits. She replied that the White House believes the mandates will withstand legal challenges.

"The new emergency temporary standard is well within OSHA's authority under the law and consistent with OSHA requirements to protect workers from health and safety hazards, including infectious disease," Jean-Pierre said. "This is something that we believe that we have authority to do."

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