Two lawsuits were quickly filed after the Jan. 4 deadline was announced Thursday. Republican governors and attorneys general said more are coming.
Missouri added itself to the growing list of Republican-led states to sue President Joe Biden over his mandate requiring private employees to be vaccinated against COVID-19 or get weekly tests.
“This mandate is unconstitutional, unlawful, and unwise,” said the court filing by Missouri Attorney General Eric Schmitt, one of several Republicans vying for the state’s open U.S. Senate seat next year.
At least two conservative groups moved quickly to file lawsuits against the workplace safety mandate as well, and a growing roster of GOP governors and attorneys general said more lawsuits were on the way. Some Republican-led states had already passed laws or executive orders intended to protect employers that may not want to comply.
“This rule is garbage,” South Carolina Attorney General Alan Wilson, a Republican, said Thursday through a spokesperson. “It’s unconstitutional and we will fight it.” His state’s governor, Republican Henry McMaster, said he is planning to issue an executive order keeping state agencies from enforcing the rule.
States have been preparing for the requirement since Biden previewed it in September. The Occupational Safety and Health Administration requirements released Thursday call for companies with 100 or more employees to be vaccinated by Jan. 4 or be tested weekly. Failure to comply could result in penalties of nearly $14,000 per violation. Federal officials also left open the possibility of expanding the mandate to smaller employers.
The White House said the administration has the authority to take actions designed to protect workers and expects the rule to withstand legal challenges.
Republican governors or attorneys general in Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Montana, Nebraska, New Hampshire, Oklahoma and South Dakota said Thursday they would file lawsuits against the mandate. The Daily Wire, a conservative media company, filed a challenge in federal court on Thursday. So did companies in Michigan and Ohio represented by a conservative advocacy law firm.
Robert Alt, a lawyer representing the Midwest companies suing— manufacturer Phillips Manufacturing & Tower Company and packaging firm Sixarp — said both companies are already facing staffing shortages amid the pandemic. The mandate will make things worse, he said.
“It adds insult to injury and forces them potentially to fire trained employees,” said Alt, president and CEO of The Buckeye Institute, a conservative advocacy group.
States say they are focusing on the role of the federal government in the lawsuits they’re preparing.
“While I agree that the vaccine is the tool that will best protect against COVID-19, this federal government approach is unprecedented and will bring about harmful, unintended consequences in the supply chain and the workforce,” Indiana Gov. Eric Holcomb said in a statement.
At a news conference, Florida Gov. Ron DeSantis criticized what he called an “executive fiat” for the private sector. Iowa Gov. Kim Reynolds characterized the mandate as an imposition on personal choice, saying people should be able to make their own health care decisions. She recently signed a bill guaranteeing that people who are fired for refusing a vaccine can qualify for unemployment benefits.
