OCPA: Workers, employers win with vax-mandate ruling

Workers, employers win with vax-mandate ruling

By Jonathan Small

Oklahoma’s workers and their employers alike won an important victory when the U.S. Supreme Court recently struck down the Biden administration’s COVID-vaccine mandate for private businesses. That mandate clearly exceeded the government’s authority, opened the door for further abuses of power, and would have had a significant negative impact on the labor supply.

The case also shows what happens when one man has courage. Brandon Trosclair, a Louisiana business owner, joined with the Pelican Institute for Public Policy (a think tank similar to the Oklahoma Council of Public Affairs) to lead the charge against the Biden mandate in court.

Trosclair employs nearly 500 people across 15 grocery stores in Louisiana and Mississippi that conduct business under the names Ralph’s Market, Butcher Boy, and Save A Lot. Under the Occupational Safety and Health Administration (OSHA) regulations imposed by the Biden administration, all employees of businesses with 100 or more staff members–an estimated 80 million private-sector workers–would have been required to be vaccinated or tested weekly and wear a mask as a condition of employment. Businesses that failed to comply faced fines up to $136,532. Yet Trosclair chose to stand up for his workers and oppose the mandate in court.

There were sound practical reasons to oppose the mandate. Businesses already face a labor shortage that would have been exacerbated by the mandate since many workers were expected to quit jobs to avoid the vaccine.

But there were also crucial philosophical reasons to oppose the mandate. Trosclair told OCPA that the decision to vaccinate (or not) is an individual employee’s decision, not their employer’s decision “and it’s not the federal government’s decision.”

Oklahoma joins 23 states in demanding Biden drop vaccine mandate or face legal action

Attorney General O’Connor and 23 Other State Attorneys General Demand President Biden Drop Vaccine Mandate or Risk Legal Action

Washington, D.C. - Attorney General O’Connor and 23 other state attorneys general sent a letter to President Biden today, warning that litigation will follow the implementation of the proposed mandate on private sector employees to either get a COVID-19 shot, submit to weekly testing, or be fired. The coalition of AGs outlined their legal and policy concerns with the mandate, which will be carried out through an Occupational Safety and Health Act emergency temporary standard.

“Federal overreach has been a consistent problem, and President Biden has now taken it to the next level,” Attorney General O’Connor said. “Biden’s national vaccine mandates are a clear abuse of power, and if he doesn’t change course, me and my attorneys general colleagues are prepared to sue to defend the rights of Oklahomans.”

History has shown that the judicial branch is highly skeptical of the use of OSHA emergency temporary standards because of concerns about state sovereignty and the separation of powers. Further, the AGs raise concerns about the expansion of a federal regulatory agency and public perception of the order’s constitutionality.

The coalition of AGs goes beyond legal arguments to address practical policy considerations of such a sweeping order. Most concerning is the potential to drive individuals out of the workforce, particularly healthcare workers, who are most needed right now to fight the pandemic. Additionally, this mandate ignores the tens of millions of Americans with natural immunity and will drive further skepticism of vaccines.