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Sen. Cramer: Amen, the Supreme Court Blocks the Biden Administration’s Vaccine Mandate for Large Employers

Source: United States Senator Kevin Cramer (R-ND)

WASHINGTON – U.S. Senator Kevin Cramer (R-ND) issued the following statement in response to the U.S. Supreme Court’s decision to block the Biden Administration’s top-down Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring private employers with over 100 employees to mandate the COVID-19 vaccine or weekly testing.

“Amen! The Biden Administration’s sweeping, nationwide vaccine mandate on businesses is unconstitutional and oversteps their authority. It took the Supreme Court to set the record straight for the Biden Administration and the Occupational Safety and Health Administration. First and foremost, this is a win for the Constitution. It’s also a win for personal liberties and our economy, which has been ravaged by Joe Biden’s inflation and supply chain crises.”

Senator Cramer joined Senator Mike Braun (R-IN) and colleagues in filing an amicus brief to the Supreme Court on this case arguing neither the Constitution or Congress have given OSHA the authority to impose a vaccine mandate. They urged the Supreme Court to stay the mandate.

Background:

  • In September 8, 2021 President Joe Biden announced vaccine mandates which extend to 80 million private-sector workers and additional mandates on millions of federal workers and contractors.
  • In October 2021, the OSHA at the Department of Labor (DOL) announced they have “suspended activities related to the implementation and enforcement” of the Biden vaccine mandate following a ruling from the U.S. Court of Appeals for the Fifth Circuit, which blocked the rule from going into effect. 
  • In November 2021, Senator Cramer and all 50 Republican Senatorsannounced their plans to formally disapprove and nullify President Biden’s vaccine mandate on private employees through the Congressional Review Act (CRA). The CRA is the official process for Congress to eliminate an executive branch rule. The formal challenge was filed on November 18, 2021. 
  • To implement this mandate, OSHA issued an Emergency Temporary Standard (ETS). Employers who fail to comply will be fined $13,653 for each offense and willful violations will result in a $136,532 penalty. This rule places unrealistic compliance burdens on employers—especially during a time where business and supply chains are already suffering serious constraints. For example, 30 days after publication, all requirements other than testing for employees must be in place. In addition, 60 days after publication, all testing requirements must be in place.
  • On December 17, 2021 the U.S. Court of Appeals for the Sixth Circuit lifted the Fifth Circuit’s stay of the Biden Administration’s vaccine mandate for large employers.
  • On January 10, 2022 the Department of Labor began enforcing the ETS in certain states.