States, businesses, and other groups filed 34 lawsuits against the Biden administration's demand that private sector companies with 100 or more employees ask workers to get the jab against the coronavirus or face weekly testing. The lawsuits were filed across all 12 federal circuits.
They claim the order is unconstitutional government overreach that will add to the nationwide worker shortage by urging people to leave their jobs. They also claim it would be expensive and almost impossible to implement.
The U.S. Judicial Panel on Multidistrict Litigation held a lottery Tuesday, and the 34 lawsuits will be combined and sent to the Sixth Circuit for discussions.
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A nationwide stay remains in effect after the Fifth Circuit in New Orleans twice ruled for plaintiffs, citing "grave" constitutional concerns.
"The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers)," the Fifth Circuit said in its second ruling.
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Daniel Suhr, managing attorney with the Liberty Justice Center, who with the Pelican Institute filed the Fifth Circuit case on the behalf of Louisiana businessman Brandon Trosclair, said he would file a motion seeking to move the consolidated cases to the New Orleans-based court.
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"This case is going to be a battle royale," Suhr told The Center Square. "There is a lot at stake here, not just for our clients but for our country, our economy."
Suhr stressed that the Fifth Circuit already had done valuable work on LJC's lawsuit, and it would be more efficiently authorized to hold arguments there.
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Under Biden's administration, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published details of the vaccine mandate earlier this month, which could affect an estimated 74 million American workers. The mandate was expected to go into effect on Jan. 4 before the Fifth Circuit ordered the stay.
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The system also would require nearly $14,000 in fines per employee if businesses are caught letting their workers skirt the mandate. The Biden administration says the mandate is needed to defend workers and end the pandemic.
Eventually, the lawsuits are likely to be settled by the U.S. Supreme Court. Suhr said the consolidated cases could be in front of the Supreme Court as early as December.
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GOP Sen. Mike Braun of Indiana will lead all 49 of his Senate Republican colleagues, including Senate Minority Leader Mitch McConnell, in moving to strike down the Biden administration's mandate at private businesses.
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"Today, my Republican colleagues and I will formally challenge this federal overreach, and I urge the Senate to vote in favor of this disapproval resolution when it comes to the Floor for a filibuster-proof, simple-majority vote in early December," Braun told Fox News.