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Pence group files SCOTUS brief opposing Biden vaccine mandate

Former Vice President Mike PenceMichael (Mike) Richard PenceWith two New Year’s resolutions Donald Trump may safe a extra favorable legacy This 12 months, Mike Pence ought to resolve to turn into our subsequent president What my 2021 inbox reveals concerning the 2024 GOP race MORE on Monday introduced his advocacy group has filed an amicus brief urging the Supreme Court to reject the Biden administration’s try to require massive companies to mandate the COVID-19 vaccine for its employees or require frequent testing.

Pence filed the brief, which was shared with The Hill, via his political advocacy group Advancing American Freedom. In the doc, Pence’s group argues the Biden White House’s mandate is unconstitutional and would exceed earlier examples of the Occupational Safety and Health Administration’s (OSHA) use of emergency authority.

“America is about freedom and the ability to make the best decision for your family or business, and Joe BidenJoe BidenBiden tells Zelensky US, allies will ‘respond decisively’ if Russia invades Biden, Harris to speak on anniversary of Capitol insurrection Biden’s court picks face fierce GOP opposition MORE’s vaccine mandate must be stopped in its tracks in order to preserve freedom, protect American livelihoods and businesses, and to safeguard our constitution,” Pence mentioned in a press release.

The brief outlines 9 earlier circumstances the place OSHA used an emergency short-term normal to expedite the usual rule-making course of. Pence’s brief argued there’s a distinction in that the earlier cases sought to manage office risks like asbestos or different chemical substances that threatened employees’ security, not require staff to get vaccinated or get another medical therapy.

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The brief from Pence’s group argues that the OSHA rule requiring vaccinations suggests “the Biden Administration just isn’t really looking for to mitigate office hazards via the [emergency temporary standard], however quite is making an attempt to make use of OSHA to perform an finish that it has been unable to steer Congress to help: the necessary vaccination of the American public.”

The Biden White House has mentioned it doesn’t help making the COVID-19 vaccine necessary for the general public.

Pence’s group has beforehand filed amicus briefs with the Supreme Court outlining positions on outstanding circumstances on abortion and faculty selection. The former vice chairman is the newest conservative politician to weigh in in opposition to the Biden administration’s push for giant companies to require vaccinations or common testing for workers as a part of an aggressive technique to finish the pandemic.

The office mandate is scheduled to take impact this month and will have an effect on an estimated 84 million staff. It typically requires bigger companies with greater than 100 staff to undertake written insurance policies requiring employees to be vaccinated in opposition to COVID-19 or put on masks and bear common testing. 

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The Biden administration on Thursday urged the Supreme Court to depart intact a office vaccine-or-test mandate as public well being officers cope with the surging COVID-19 pandemic.

DOJ attorneys argued that the 1970 legislation that established the Occupational Safety and Health Administration (OSHA) makes plain that the coverage “falls squarely within OSHA’s statutory authority.”

But conservatives, together with a number of curiosity teams and governors, have argued in court docket that the OSHA rule is an instance of presidency overreach and that the White House shouldn’t have the facility to require sure teams to get vaccinated in opposition to COVID-19, which has unfold quickly in latest weeks because of the extremely contagious omicron variant.

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