Biden's extreme and unacceptable vax mandate: 24 state AGs fighting back
Utah, Missouri and 22 other state AGs send letter to Biden warning of litigation.
UPDATE (10/1/2021): The Utah Legislature is holding a special Business and Labor interim committee meeting regarding the federal vaccine mandate. Oct. 4, 2021 9:00 am to Noon.
Additionally, I have received inquiries about possible legislation in the works to make it illegal for businesses and organizations to choose to require vaccinations of their workers and patrons. I am unaware of any legislation like this, but that doesn’t mean someone is not working on it. Overall, the legislature has made it clear it is not supportive of any government mandate on forced COVID vaccines in the workforce, and in fact is working to stop these federal mandates. For the most part though, the legislature is supportive of the right of businesses and organizations to choose their vaccination policy. I do not support businesses who require vaccination, but respect their choice to decide for themselves, just as I support individual rights to choose for themselves. As such, I will not support legislation that attempts to stop businesses from choosing to require vaccinations. Please see my original post below regarding Biden’s cry for forced vaccination, which is pure government overreach.
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With an unprecedented disregard for the people of the United States and with an extreme attempt at federal government overreach, Biden announced his plan to force businesses with more than 100 employees to mandate COVID-19 vaccinations in order for their employees to keep their jobs. Since that time I’ve received countless messages of outrage from constituents, outrage that joins my own, regarding this dangerous move that will do nothing but harm our economy and our people here in Utah and throughout the country.
Utah Attorney General Sean Reyes, along with 22 other state AGs, announced today they sent a letter to President Biden, warning that litigation will follow the implementation of the proposed mandate on private-sector employees to either get a COVID-19 shot, submit to weekly testing, or be fired.
(See the press release below. Read the letter here.)
Additionally, The Utah Senate and House Majority Caucuses are taking the following actions:
Supporting Attorney General Sean Reyes as he works with other states to pursue legal action against the federal government.
Encouraging Governor Spencer Cox to reject these new OSHA requirements as allowed under the emergency temporary standard process.
Preparing to respond quickly with legislation once an official rule is released. (Likely a resolution stating Utah will not enforce, nor assist in enforcing the vaccination mandate.)
Holding a special Business and Labor Interim Committee hearing to gather feedback from affected employers and employees.
I would like to reiterate, while a private business may choose to require vaccinations or testing for its employees, the government requiring businesses to take those steps is extreme overreach and unacceptable.
I also want to reaffirm my position regarding coronavirus. I believe people can and should make their own choices on how to best protect themselves and their families from the virus. I don’t want anyone to become ill, and as such, I encourage people to use their choices wisely by considering any and all precautions including taking all of normal cold and flu season precautions, consider wearing masks if deemed necessary, and seriously consider getting vaccinated. I support full choice, but I am not anti-vaccination. It is clear, the vaccine is an effective measure to reduce chances of getting ill from COVID and reduce the strain on our hospitals while saving lives. However, requiring employers to force these decisions upon their employees is not the proper role of government and should not become the new precedent.
FOR IMMEDIATE RELEASE
CONTACT:
Richard Piatt
Communications Director
Utah Attorney General’s Office
801.538.1874
September 16, 2021
Attorney General Reyes Takes Leadership Role Among 24-State Coalition Demanding President Biden Drop Vaccine Mandate or Risk Legal Action
SALT LAKE CITY – Utah Attorney General Sean D. Reyes and 23 other attorneys general (AGs) sent a letter to President Biden today, warning that litigation will follow the implementation of the proposed mandate on private-sector employees to either get a COVID-19 shot, submit to weekly testing, or be fired.
Reyes is on the leadership team among the coalition of attorneys general. The group outlined their legal and policy concerns with the mandate, which will be carried out through an Occupational Safety and Health Act (OSHA) emergency temporary standard.
“I am committed to continuing leading with my colleagues to push back and fight this mandate all the way to the U.S. Supreme Court if necessary,” stated Attorney General Reyes.
“Both employers and employees in Utah, with unprecedented fervor, have flooded my office with messages of dire concern and extreme opposition to the proposed mandate. I firmly agree.”
The proposed mandates are offensive on a number of levels: they violate constitutional separation of powers, reasonable notions of federalism and vastly expand the invasive reach of federal agencies under the guise of “emergency powers.”
As announced, the mandates are not tailored to real-world business realities such as telecommuting and threaten jobs when the workforce is most vulnerable financially.
We call on President Biden to withdraw his proposed standards. Forcing them on the business community will be disastrous from a legal, policy, and financial standpoint and it will further divide America,” said Attorney General Reyes.
History has shown that the judicial branch is highly skeptical of the use of OSHA emergency temporary standards because of concerns about federalism and the separation of powers. Further, the AGs raise concerns about the expansion of a federal regulatory agency and public perception of the order’s constitutionality.
The coalition of AGs goes beyond legal arguments to address practical policy considerations of such a sweeping order. Most concerning is the potential to drive individuals out of the workforce, particularly healthcare workers, who are most needed right now to fight the pandemic. Additionally, this mandate ignores the tens of millions of Americans with natural immunity and will drive further skepticism of vaccines.
Last, and perhaps most importantly, the AGs note there are alternatives to a broad, nationwide order. The letter states, “The risks of COVID-19 spread also vary widely depending on the nature of the business in question, many of which can have their employees, for example, work remotely.
The one-size-fits-almost-all approach you have decreed makes clear that you intend to use the OSHA statute as a pretext to impose an unprecedented, controversial public health measure on a nationwide basis that only incidentally concerns the workplace.”
Utah was joined on the letter by the attorneys general of Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, West Virginia, and Wyoming.