More than two dozen states have filed multiple legal challenges in federal court against the Biden government’s vaccination or testing mandate for private companies, arguing that the labor protection agency has no power to make the requirements.
The four lawsuits were filed in the past few days by groups of 26 states in the 8th District, 11th District, 6th District, and 5th District. They are trying to lift an emergency rule published Thursday requiring companies with more than 100 employees to check whether their employees are vaccinated or unvaccinated workers are wearing masks and undergo weekly Covid-19 tests.
The small business group Job Creators Network and the Republican National Committee have also announced that they will file lawsuits.
By and large, the lawsuits argue that the Department of Labor has no authority to issue a rule and that it failed to follow due process in issuing the provisional emergency standard.
The Florida, Georgia, and Alabama District 11 lawsuit also argues that the requirements conflict with the First Amendment and the Religious Freedom Restoration Act.
“This unlawful mandate is another example of the complete disregard for the constitutional rights granted to our state and our citizens by the Biden administration,” Georgia Attorney General Chris Carr said in a statement. “The federal government has no authority to impose health care decisions on Georgia’s companies and their employees under the guise of occupational safety. We are fighting this unprecedented abuse of power in order to end this mandate before it does irreparable damage to our state and its economy. “
The court gave the government until 5 p.m. Monday to respond to plaintiffs’ request for an injunction.