States vs. The Federal Government

Just the News reported  yesterday that twenty-seven states have joined the lawsuit filed against the Biden administration’s vaccine mandate.

The article reports:

The mandate, which is being enforced by the Department of Labor’s Occupational Safety and Health Administration (OSHA), will require employers to ensure all their employees are either vaccinated by Jan. 4 or are tested weekly and wearing masks. If the businesses do not follow the mandate, they could face fines of up to $14,000 per violation.

All but one of the states that filed lawsuits, Iowa, have Republican attorneys general. Kansas, Kentucky, and Louisiana are the only three of the 27 states that have Democratic governors, and Iowa’s governor is a Republican.

Kansas Democratic Gov. Laura Kelly criticized President Biden’s vaccine mandate on private businesses on Friday, saying, “While I appreciate the intention to keep people safe, a goal I share, I don’t believe this directive is the correct, or the most effective, solution for Kansas.”

It is interesting that the push for vaccine mandates is occurring as the rate of infection from the coronavirus is slowing. In most parts of the country both the number of people contracting the virus and the number of people dying from the virus are decreasing.

The article lists the courts involved in the various cases:

Louisiana, Mississippi, South Carolina, Texas, and Utah all joined a lawsuit in the 5th Circuit Court of Appeals, which issued a temporary block on the vaccine mandate, citing the potentially “grave statutory and constitutional issues” raised by the plaintiffs. South Carolina is under the jurisdiction of the 4th Circuit Court of Appeals, and Utah is under the 10th Circuit.

Idaho, Kansas, Kentucky, Ohio, Oklahoma, Tennessee, and West Virginia jointly filed their lawsuit in the 6th Circuit Court of Appeals. Idaho is under the 9th Circuit Court of Appeals, Kansas and Oklahoma are under the 10th Circuit, and West Virginia is under the 4th Circuit.

Indiana has announced that it is filing its suit in the 7th Circuit Court of Appeals.

Alaska, Arizona, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming have filed their lawsuit in the 8th Circuit Court of Appeals. Alaska, Arizona, and Montana are under the 9th Circuit Court of Appeals, New Hampshire is under the 2nd Circuit, and Wyoming is under the 10th Circuit.

Alabama, Florida, and Georgia are suing the Biden administration in the 11th Circuit Court of Appeals.

It will be interesting to see how many of these courts reach the same conclusion.