‘Violating States’ Rights’: Heritage Foundation Sues Biden Over Mandate 

The debate over vaccine mandates continues to rage on with courts continuing to weigh in, but one conservative group is taking on the Biden administration in defense of states’ rights.

The Heritage Foundation filed a lawsuit against the Biden administration over its “COVID vaccine mandate for employers via the Occupational Safety and Health Administration (OSHA).”

From Heritage:

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In the filing, Heritage highlights OSHA’s own previous resistance to issuing new rules on a COVID vaccine mandate, and subsequently argues that the mandate is unlawful for four key reasons:

  1. “OSHA’s Mandate represents a gross abuse of power and is a far cry from the ‘delicate exercise’ permitted in very ‘limited situations.’”
  2. “The Mandate clearly encroaches on the police power of states expressly reserved by the Tenth Amendment.”
  3. “It also exceeds the federal government’s authority under the Commerce Clause.” 
  4. “Allowing the ultra vires Mandate to stand would impermissibly ‘compel citizens to act as the Government would have them act.’”

A court has issued a preliminary injunction against this mandate, but the case still must be heard for a final ruling. Then, it could be appealed.

Heritage said they wished the lawsuit did not have to happen but argue they have little choice.

“I wish this lawsuit were unnecessary. I wish we had an administration in the White House that respected the Constitution and the rule of law,” said Heritage President Kevin Roberts. “From the unprecedented border crisis, to the disastrous Afghanistan withdrawal, to now this unlawful COVID vaccine mandate, it is irrevocably clear that this administration will stop at nothing—even harming Americans and our national interests—in pursuit of the most radical policy agenda in American history. Rest assured, we at Heritage are only just beginning to fight back.”

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