Congressional Republicans are asking the Supreme Court to block President Biden’s vaccine mandate for private companies with 100 or more staff, arguing that the president and his administration are exceeding their authority.

Some 47 senators and 136 House members put their name to the brief filed with the court on Thursday. 

‘Vaccine mandates – a prototypical state police power – are not within the purview of the Occupational Safety and Health Act, let alone something on which Congress intended OSHA to take unilateral action under its “emergency” powers,’ they wrote.

The mandate from the U.S. Occupational Safety and Health Administration was initially intended to come into force on Jan. 4.

However, it was first blocked in the courts, before then being reinstated on appeal.

The Supreme Court is now due to hear oral arguments on Jan. 7.

President Biden is accused of executive overreach in trying to impose vaccine mandates

President Biden is accused of executive overreach in trying to impose vaccine mandates

President Biden is accused of executive overreach in trying to impose vaccine mandates

Republican attorneys general, conservative groups and GOP members of Congress have all objected to vaccine mandates for staff at private companies with more than 100 employees

Republican attorneys general, conservative groups and GOP members of Congress have all objected to vaccine mandates for staff at private companies with more than 100 employees

Republican attorneys general, conservative groups and GOP members of Congress have all objected to vaccine mandates for staff at private companies with more than 100 employees

Some 47 Republican senators and 136 House members put their name to the 'amicus' brief filed with the court, arguing that the Biden administration overstepped its authority

Some 47 Republican senators and 136 House members put their name to the 'amicus' brief filed with the court, arguing that the Biden administration overstepped its authority

Some 47 Republican senators and 136 House members put their name to the ‘amicus’ brief filed with the court, arguing that the Biden administration overstepped its authority

The Biden administration has filed its own brief urging the justices to allow its mandate to stand, a move that OSHA estimates would save 6,500 lives and prevent about 250,000 hospitalizations during the next six months. 

Department of Justice lawyers said the 1970 law that set up OSHA was clear that the policy fell ‘squarely within OSHA’s statutory authority.’ 

‘Delaying enforcement of the [mandate] thus would likely cost many lives per day, in addition to large numbers of hospitalizations and other serious health effects,” wrote Solicitor General Elizabeth Prelogar.

But the White House faces opposition from Republican state attorneys general and conservative groups.

And the brief from 183 Congressional Republicans – led by Reps. Elise Stefanik, Jim Banks, Virginia Foxx, Rick Allen, and Sen. Mike Braun – says they are worried about federal overreach.

‘Congressional members have an interest in the powers they delegate to agencies not being abused – the legislative authority vested in the federal government belongs to Congress, not the executive branch,’ they write.

‘In this case, the promulgation by the Occupational Health and Safety Administration (OSHA) of a sweeping, nationwide vaccine mandate on businesses intrudes into an area of legislative concern far beyond the authority of the agency. 

The Supreme Court, with a 6-3 conservative majority, will hear oral arguments in the case on January 7 as the Biden administration tries to keep its vaccine mandate on course

The Supreme Court, with a 6-3 conservative majority, will hear oral arguments in the case on January 7 as the Biden administration tries to keep its vaccine mandate on course

The Supreme Court, with a 6-3 conservative majority, will hear oral arguments in the case on January 7 as the Biden administration tries to keep its vaccine mandate on course

‘And it does so with a mandate enacted through OSHA’s seldom-used ‘emergency temporary standard’ (ETS) provision that allows for bypass of notice and comment rulemaking under certain circumstances. That OSHA exceeded its authority in enacting the ETS Mandate is not a “particularly hard” question.’

Business challengers include the National Federation of Independent Business, a trade group that represents small businesses. 

Other parts of the Biden administration efforts to tackle COVID-19 are also bogged down in the courts.

A mandate covering health care workers at Medicaid or Medicare facilities is blocked in about half of states.   

It required more than two million unvaccinated health care workers to receive a first vaccine dose by December 6. 

Companies across the country impose vaccine mandates for workers – and even visitors

AT&T – All employees must be vaccinated

Alaska Airlines – All US-based employees had to be vaccinated by Dec 8 and the airline offered a $200 incentive to get the shots

American Airlines – All US-based employees must be vaccinated by Jan 4 or face termination 

American Express – Employees and company visitors at US offices had to be fully vaccinated by Nov 18 although remote work remained optional. When AmEx fully reopens its offices on Jan 24, all workers are expected to be vaccinated and there will not be a mandatory Covid-testing program. 

Ascension Health – All employees had to be vaccinated by Nov 12, including those working remotely

Capital One – All employees had to be vaccinated before returning to work after offices reopened on Nov 2. Employees working from home could choose to remain unvaccinated and were ‘supported in doing do,’ as stated in a company announcement

Centene Corporation – All employees must provide proof of vaccination or undergo regular Covid-19 testing and wear masks at all times in the office

Chevron – Expatriate employees, workers traveling internationally, and employees on US-flagged ships must be vaccinated. Offshore workers in the Gulf of Mexico must be vaccinated by Nov 1

Cisco – All office workers must be vaccinated 

Citigroup – All employees working in major cities had to be vaccinated by Sept 13

CNN – All employees must be vaccinated and three have already been fired for violating the policy

CVS – Pharmacists had to be vaccinated by Nov 30 and corporate workers had to be vaccinated by Oct 31, with exemptions for medical and religious reasons

Deloitte – All employees had to be vaccinated by Oct 11

Delta Air Lines – All employees must be vaccinated or pay an additional $200 per month for their company-sponsored healthcare plan

Disney – Disney announced that cast members must be fully vaccinated by Oct 22 but in November retracted the mandate after Florida Gov Ron DeSantis signed a law prohibiting companies from forcing vaccines on workers

DoorDash – All corporate employees working in person must be vaccinated

Envision Healthcare – All employees must be vaccinated by Nov 1 despite medical and religious exemptions

Equinox – New York City employees and members must be vaccinated beginning in September

Facebook – All US office workers must be vaccinated but employees will not be required to work in person until January 2022

Ford – All employees who travel for international business must be vaccinated and a mask mandate was reinstated at all facilities on Aug 3

Frontier Airlines – All employees must be vaccinated by Oct 1 or undergo weekly Covid-19 testing

General Electric – As of December the vaccine mandate has been suspended in response to a US District Court judge’s decision to issue a preliminary injunction on President Biden’s order demanding all federal contractors be vaccinated by Jan 18

Gilead Sciences – All US employees and contractors must be vaccinated by Oct 1 unless exempt for medical and religious reasons

Goldman Sachs – All office staff and visitors must be vaccinated and will be subjected to regular Covid-19 testing starting September 7, with no exemptions

Google – All office workers must be vaccinated

Hawaii Airlines – All employees must be vaccinated by Nov 1, but could apply for medical or religious exemptions and instead undergo regular Covid-19 testing

Hess – Employees who work in the Gulf of Mexico must be vaccinated by Nov 1

IBM – All US employees had to be vaccinated by Dec 8 – unless exemptions for medical or religious reasons – or face unpaid suspensions 

JetBlue Airways – All US employees had to be vaccinated by Jan 4 unless exempt for medical or religious reasons

Johnson and Johnson – All US employees must be vaccinated by Oct 4 unless exempt for medical or religious reason

Lyft – All office workers must be vaccinated

McDonald’s – All US employees, excluding those at corporate or franchise restaurants, must be vaccinated by Oct 11

MGM Resorts – Salaried office employees must be vaccinated by Oct 15 and new office employees must be vaccinated starting Aug 30. Las Vegas employees must undergo regular Covid-19 testing

Microsoft – All office workers and guests must be vaccinated by Oct 4

Moderna – All US employees must be vaccinated by October

Morgan Stanley – All employees must be vaccinated by Oct 1

Netflix – Anyone working in or visiting the company’s offices must be vaccinated

Northwestern Mutual – All office workers must be vaccinated with exemptions for medical or religious reason

Norwegian Cruise Line – All crew and passengers must be vaccinated at least two weeks before boarding

Pfizer – All US employees and contractors must be vaccinated or undergo weekly Covid-19 testing

Politico – All employees must be vaccinated

Saks Fifth Avenue – All office employees must be vaccinated

Salesforce – All office workers must be vaccinated

The New York Times – All office workers must be vaccinated

The Washington Post – All employees must be vaccinated by Sept 13

TJX – Only Home and Regional Office Associates must be vaccinated by Nov 1 with medical and religious exemptions

Twitter – All office workers in San Francisco and New York must be vaccinated

Tyson Foods – All US employees must be vaccinated by Oct 1 and other staffers by Nov 1 with medical and religious exemptions

Uber – All office workers must be vaccinated

United Airlines – All US employees must be vaccinated by Oct 25 with medical and religious exemptions

UPS – All headquarters and office building employees must be vaccinated by Oct 1

Walgreens – All workers in support offices must be vaccinated by Sept 30 or undergo weekly Covid-19 testing

Walmart – All staff at its headquarters and managers traveling within the US must be vaccinated by Oct 4, with medical and religious exemptions 

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