Last Thursday, President Joe Biden announced what effectively amounts to a nationwide COVID-19 vaccine mandate. The Federalist reported:
The Biden administration will force private-sector employers to mandate all of their employees either get the COVID-19 shot or produce a negative test weekly.
The new rule, developed by the Department of Labor’s Occupational Safety and Health Administration (OSHA), applies to all businesses with 100 employees or more. Businesses that do not comply with the new federal requirements could face “substantial fines up to nearly $14,000 per violation.”
According to Axios, the new order extends to “more than 80 million Americans working in the private sector.”
Republican lawmakers, both on the state and federal levels, immediately expressed their concerns of the constitutionality of the mandate.
Organizations like the Republican National Committee and The Daily Wire have already announced that they plan to sue.
Joe Biden told Americans when he was elected that he would not impose vaccine mandates. He lied.— Ronna McDaniel (@GOPChairwoman) September 10, 2021
When his decree goes into effect, the RNC will sue the administration to protect Americans and their liberties. pic.twitter.com/XinwFw4bam
"The Daily Wire does have more than 100 employees but we won't be enforcing Joe Biden's unconstitutional and tyrannical vaccine mandate. That's it. We'll use every tool at our disposal including legal action to resist." - @realDailyWire CEO @JeremyDBoreing pic.twitter.com/uQy3Fufmmj— The Daily Wire (@realDailyWire) September 10, 2021
🚨🚨@BenShapiro announced on @FoxNews this morning that @realDailyWire will not comply with Joe Biden's vaccine mandate targeting businesses.— Giancarlo Sopo (@GiancarloSopo) September 10, 2021
"We're going to use every method and resource at our disposal to defy the president's unconstitutional order." pic.twitter.com/7kGxwycpmh
As Senator Mike Lee pointed out on Fox News, many businesses will end up paying fines for not having vaccinated employees which he believes amounts to "a form of extortion."
Many employers plan to go to court challenging the constitutionality of fines for unvaxed workers. But @SenMikeLee predicts "most businesses will end up just paying that, almost as a form of extortion." https://t.co/RTlwFe6QdR— CPAC 2022 (@CPAC) September 13, 2021
Other business owners are worried that they will be unable to keep their employees in light of the mandate.
Small business owner calls Biden’s vaccine mandate “unconscionable.”— RNC Research (@RNCResearch) September 13, 2021
“We will lose employees...It’s a struggle to get back into the workforce right now, and this is going to add one more layer.” pic.twitter.com/F4lZzfm0eZ
There exists a myriad of constitutional issues that could be litigated in response to the Biden Administration's forthcoming rules. One thing is for sure, conservatives will lead the way in fighting back against this unconstitutional overreach.