Missouri Attorney General Eric Schmitt followed through on his monthslong promise to sue over President Joe Biden鈥檚 plan to require COVID-19 vaccination or testing at larger businesses.
And the Republican believes that the GOP attorneys general who signed on to the suit will succeed in proving that the Occupational Safety and Health Administration rule went beyond what the federal government is allowed to do.
鈥淏roadly speaking, it鈥檚 an unconstitutional, unlawful, unwise, unprecedented, breathtaking federal overreach,鈥� said Schmitt in an interview with 漏 2024 外网天堂 on Friday. 鈥淭here鈥檚 no authority anywhere in the Constitution or any federal statute that gives the Biden administration the authority to force the vaccination of tens of millions of Americans. There just isn't.鈥� 鈥�
Biden announced in September he was requiring businesses with 100 employees or more to require vaccination or weekly testing. Failure to adhere to these rules could result in fines. The plan released earlier this week states that employees must either be vaccinated or tested periodically by early January.
Schmitt and 10 other attorneys general on Friday in a federal court based in Missouri. Among other things, the lawsuit states the 鈥渇ederal government lacks constitutional authority under its enumerated powers to issue this mandate, and its attempt to do so unconstitutionally infringes on the States鈥� powers expressly reserved by the Tenth Amendment.鈥�
鈥淥SHA also lacks statutory authority to issue this mandate, which it shoe-horned into statutes that govern workplace safety, and which were never intended to federalize public-health policy,鈥� the lawsuit states.
OSHA is authorized to issue rules in response to 鈥済rave dangers鈥� in the workplace. And a court may uphold the vaccine or testing mandate if the federal government can prove the rule mitigates or eliminates that grave danger.
Rob Gatter, a professor at St. Louis University Law School鈥檚 Center for Health Law Studies, said earlier this year: 鈥淭here鈥檚 really no doubt that people are in grave danger as a result of this pandemic, and in particular the delta variant.鈥�
Schmitt said that if the federal government had statutory or constitutional authority, the 鈥済rave danger鈥� point may stand. 鈥淏ut they don鈥檛,鈥� he said.
鈥淪o that argument is kind of cut off at the knees, because there just isn鈥檛 any authority for it,鈥� Schmitt said. 鈥淭his is not something the federal government does. It鈥檚 not something that they have the ability to do. Joe Biden may want this to be the case. But thankfully, we still live in a country of laws. And our system of checks and balances was designed to spread out power.鈥�
The Biden plan sparked a flurry of activity from the governor鈥檚 office and state legislators. Gov. Mike Parson issued an executive order that bars executive branch agencies from compelling people to get the vaccine if they object for medical or religious reasons. And some lawmakers have wanted a special session to pass bills aimed at counteracting the Biden plan, which may be largely symbolic since Missouri statutes would likely not have an impact on a federal agency like OSHA.
But even proponents of the Biden plan, such as state Rep. Ian Mackey, expected that litigation, and not legislation, would be the way to see if the Biden proposal is legal.
鈥淚t would certainly be more effective,鈥� said Mackey, D-Richmond Heights, . 鈥淭he courts are better suited to address the state government鈥檚 disagreement with the federal government than us in Jefferson City on the House floor passing a resolution.鈥�
Biden and other supporters of the OSHA vaccination or testing rule have contended it would cut down on the number of deadly cases of COVID-19.
鈥淭his is good for the workers, for their colleagues, for their loved ones, and for their communities,鈥� Biden said in remarks on Friday. 鈥淎nd it鈥檚 also good for the economy.鈥�
But Schmitt said the OSHA rule sets a dangerous precedent in terms of federal authority.
鈥淭his debate is about how much power we want to cede to the government,鈥� Schmitt said. 鈥淚s it where you can go? What do you put on your face? What do you put in your body? That鈥檚 a lot of authority to give to the federal government.鈥�
Schmitt said that GOP attorneys general from around the country filed lawsuits in various federal circuit courts in the hopes of getting a quick decision on the rule.
Follow Jason on Twitter: @jrosenbaum
