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Lawsuit challenges Biden use of OSHA for vaccine rule

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Florida Atty. Gen. Ashley Moody has filed a lawsuit against the Biden administration’s use of Occupational Safety and Health Administration (OSHA) to mandate that businesses with 100 employees or more require workers to receive COVID-19 vaccinations.

I’ve already heard from employers that this will affect numerous employees, some up to 35 percent,” Moody said during a press conference on Nov. 4. “ They’re desperate to hold on to a crucial workforce (and) some have said that this will cost their businesses millions.”

The suit, which was initially announced by Moody and Gov. Ron DeSantis on Oct. 28, was automatically filed Nov. 5 in the US Court of Appeals for the Eleventh Circuit as soon as the OSHA emergency temporary standard (ETS) was published in the Federal Register. The complaint maintains that the order represents the Biden Administration’s unlawful use of OSHA to fulfill an administration mandate issued in September.

They do not have the authority to unilaterally impose this through an executive agency like OSHA,” DeSantis said during a separate press conference earlier in the day. “So they’re abusing emergency power to be able to do what they would not be able to get through the congress – and do in a constitutional way.”

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In a joint statement, Florida House Speaker Chris Sprowls, Senate President Wilton Simpson applauded the lawsuit and said that the legislature will explore separating from OSHA altogether.

It has become even clearer that OSHA is being weaponized by the Biden Administration not to protect workers, but to institute an illegal and unconstitutional nationwide vaccine mandate that robs Americans of the dignity of work,” the two said in a written statement. “As we have said before, the Florida Legislature looks forward to pursuing separation from OSHA and creating Florida’s own safety and health standards that reflect the views and values of our state.”

Florida has jointly filed the lawsuit with the states of Georgia and Alabama, Moody said.

The case is pending.

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