Florida Gov. Ron DeSantis announced a lawsuit Thursday challenging the Biden admin’s mandate’s legality.
During a press conference with state Attorney General Ashley Moody in Tampa, DeSantis said Florida would be joining Georgia, Alabama, and private plaintiffs in suing the Occupational Safety and Health Administration (OSHA) over its vaccine mandate for employers.
The mandate requires all private employers of 100 or more employees to force unvaccinated employees to receive a COVID-19 vaccine, be subject to weekly testing, or lose their job.
“They’re abusing emergency power to be able to do what they would not be able to get through the congress and do in a constitutional way. And so we are going to be challenging that I think this rule is absolutely going down,” DeSantis said.
Because it is an OSHA challenge, the lawsuit will go directly to the Eleventh Circuit Court of Appeals, DeSantis said. He said Florida lawmakers will also return for a special legislative session on Nov. 15 to work on a bill to provide protections for Florida employees.
“As far-reaching as this is, this is only the beginning for what they’re contemplating doing going forward,” DeSantis warned.
This rule, if allowed to be implemented, will impact nearly 9,000 employers in Florida and the 4.5 million Floridians they employ who make up 60% of our workforce. Nationally, it will cost $2.9 billion.
“The Biden administration continues to violate our constitution and punish hard-working Americans for making their own choices,” said Lieutenant Governor Jeanette Nuñez. “As I’ve said before, Governor DeSantis and I will fight these un-American vaccine mandates, including the latest OSHA rule, to prevent tyrannical overreach from encroaching on our freedoms.”
On Thursday, The Dhillon Law Group, Inc. and Alliance Defending Freedom, on behalf of The Daily Wire, filed the first in the nation challenge in the U.S. Court of Appeals for the 6th Circuit to the Biden administration’s vaccine mandate.
Attorneys for The Daily Wire will also file an emergency motion to stay the mandate.
“The Daily Wire will not comply with President Biden’s tyrannical vaccine mandate, and we are suing the Biden Administration to put a stop to their gross overreach,” said Daily Wire Co-Founder and Co-CEO Jeremy Boreing. “President Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health. They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree.”
As the motion for stay filed with the 6th Circuit will argue, the federal government has no power under the Constitution to force half the U.S. private sector workforce—80 million workers or more—to be vaccinated against their will or endure repeated medical testing as a condition of simply earning a living.
Nor is OSHA empowered to compel employers to enforce this government diktat or face punishing fines. Yet the OSHA mandate would do just that. Even if it had such power, Congress did not delegate it to OSHA, which is overtly trying to ram this unconstitutional, extra-statutory, and unprecedented mandate into immediate effect through emergency rulemaking to avoid public comment in violation of the Administrative Procedure Act.
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