‘Unconstitutional, unlawful, and unwise’: Missouri leads 11 state lawsuit to halt federal COVID-19 vaccine mandate


FILE – In this Sept. 14, 2021, file photo, a syringe is prepared with the Pfizer COVID-19 vaccine at a clinic at the Reading Area Community College in Reading, Pa. Millions of U.S. workers now have a Jan. 4 deadline to get a COVID vaccine. The federal government on Thursday, Nov. 4, 2021 announced new vaccine requirements for workers at companies with more than 100 employees as well as workers at health care facilities that treat Medicare and Medicaid patients.. (AP Photo/Matt Rourke, File)

JEFFERSON CITY, Mo. — After making the announcement Thursday, Missouri Attorney General Eric Schmitt has filed a lawsuit against President Joe Biden to halt the federal COVID-19 vaccine mandate.

Joined by the attorney generals from Alaska, Arizona, Arkansas, Iowa, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming, the 11-state coalition is arguing that the president and Occupational Safety and Health Administration (OSHA) do not have the constitutional right to enforce such a mandate.

“There are thousands of businesses in Missouri alone that could be negatively affected by this mandate,” Schmitt said. “That’s why I’m taking Joe Biden and his administration to court – to protect personal freedoms, preserve Missouri businesses, and push back on bureaucratic tyrants who simply want power and control.”

The suit was filed in the United States Court of Appeals for the Eighth Circuit.

This mandate is unconstitutional, unlawful, and unwise. The federal government lacks constitutional authority under its enumerated powers to issue this mandate, and its attempt to do so unconstitutionally infringes on the States’ powers expressly reserved by the Tenth Amendment. OSHA 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.


Five private employers are also named in the suit: AAI, Inc., Doolittle Trailer MFG., Inc., Christian Employers Alliance, Sioux Falls Catholic Schools d/b/a Bishop O’Gorman Catholic Schools, Home School Legal Defense Association, Inc.

The mandate requires any employee of a company with over 100 employees, be vaccinated by Jan. 4, or face weekly testing and fines.

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