(ReliableNews.org) – In October 2021, President Joe Biden used the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate using an Emergency Temporary Standard (ETS). Several organizations filed lawsuits to block the order, claiming this action is a vast overreach of Biden’s constitutional power. These cases are now before the Supreme Court (SCOTUS). To add weight to the cause, a group founded by former Vice President Mike Pence is stepping into the fray.
The advocacy group Advancing American Freedom (AAF) has asked the court for permission to file an amicus curiae brief in support of the effort to block the mandate.
Pence group files SCOTUS brief opposing Biden vaccine mandate: https://t.co/WqP5bxlNQ6
— Jesse Byrnes (@jessebyrnes) January 3, 2022
An ETS is a method OSHA is legally able to use to bypass congressionally mandated procedures to establish rules when a situation is so dire it must be addressed without delay. The filing discusses the nine times this method has been used between 1970 and 2021; the last time was in 1984. Of the nine cases, six were challenged in court and five of those were vacated either in whole or in part.
In this case, OSHA’s edict directs companies with more than 100 employees to force workers to be vaccinated or regularly tested for COVID. The penalty for noncompliance is a steep fine.
The AAF contends the recent rule fails to meet the criteria on several levels. One is the ETS power only applies when there is a “danger or toxin that arose directly, significantly, or exclusively in the workplace.” Another point is that OSHA has never before tried to use its extraordinary power to order an irrevocable medical procedure for employees such as a vaccine that once injected cannot be removed.
The group also argues the nature of the pandemic virus does not rise to the level of the precedent set in the other cases, and an ETS cannot be used for “continuing everyday hazards.”
Clearly, the Pence group feels an obligation to defend the country from an administration that would rule by decree rather than following the rule of law.
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