Former Vice President Mike Pence’s political advocacy group on Monday filed an amicus brief with the Supreme Court over the Biden administration’s "unconstitutional" COVID-19 vaccine mandate for businesses with over 100 employees, reports The Hill.
The high court on Friday will hear challenges to the Biden administration’s directive this week. A key question in the cases is whether the federal government has the authority to craft and enforce vaccine mandates.
"America is about freedom and the ability to make the best decision for your family or business, and Joe Biden’s vaccine mandate must be stopped in its tracks in order to preserve freedom, protect American livelihoods and businesses, and to safeguard our constitution," Pence said in a statement through the Advancing American Freedom group.
The policy was challenged in court as soon as it was released and so far, federal officials have mixed success in defending the mandate.
The brief from Pence’s group argues that the rule suggests "the Biden Administration is not truly seeking to mitigate workplace hazards through the [emergency temporary standard], but rather is attempting to use OSHA to accomplish an end that it has been unable to persuade Congress to support: the mandatory vaccination of the American public."
The White House last week pleaded with the Supreme Court to leave its vaccine mandate intact, arguing the federal government has the authority to set the rule because the surge in cases represents a "grave" danger to workers.
"Delaying enforcement of the [mandate] thus would likely cost many lives per day, in addition to large numbers of hospitalizations and other serious health effects," Solicitor General Elizabeth Prelogar wrote in the Biden administration’s filing. "That is a confluence of harms of the highest order."
Prelogar added that there is "extensive evidence of ‘workplace transmission'" of coronavirus.
"With the reopening of workplaces, the emergence of highly transmissible variants (both Delta and Omicron), and the rise of COVID fatigue, the danger to workers is not just grave, but worsening," she claimed.
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