Georgia Demands OSHA Permanently Withdraw Unlawful Vaccine Mandate
Tuesday, January 25th, 2022
The State of Georgia is demanding the Occupational Safety and Health Administration (OSHA) permanently withdraw its rule that purports to mandate full vaccination for businesses with 100 or more employees. Sent in a formal comment letter signed by Attorney General Chris Carr, the request follows a 6-3 decision by the U.S. Supreme Court to block the Biden administration from enforcing its temporary employer vaccine mandate.
"The Biden administration's stubborn attempt to keep alive its heavy-handed mandate against private businesses and their employees will only create further uncertainty for hardworking Georgians," said Attorney General Carr. "This delay is completely unnecessary, and the President should put an end to it once and for all by immediately withdrawing his unlawful permit."
“Both the Supreme Court and the American people have spoken, and they have loudly said the Biden administration’s attempts at forcing this mandate on Americans and businesses are not only wrong, but also unconstitutional,” said Governor Brian Kemp. “Still, the President continues to seek other avenues for his failed policies. In effect, he is saying to the people and the highest court in the land, ‘You’re wrong, and I’m going to get my way.’ This is unacceptable, and Attorney General Carr and I will continue to fight the federal government’s unlawful disruption of our lives and economy.”
Despite the Court's decision, OSHA has yet to withdraw the emergency temporary rule and has instead suggested that it may attempt to issue a permanent standard. The U.S. Supreme Court issued its decision on Jan. 13, 2022, in response to a legal challenge brought by Georgia and other states. In its decision, the Court held that OSHA lacks the statutory authority to issue the emergency vaccine mandate.
The letter was sent to OSHA as part of the federal government’s formal regulatory comment process. In addition to Georgia, the following states joined in signing the letter: Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
Governor Kemp and Attorney General Carr have filed four separate lawsuits challenging the Biden administration’s vaccine mandates.