The Biden Administration is facing a suit from the conservative group The Heritage Foundation over their mandate for private employers to require the COVID-19 vaccination from their employees.
According to a report in Fox News, the foundation is calling the mandate a “gross abuse” of governmental power and that requiring vaccinations for employment is a violation of personal liberty.
The group announced the suit on Monday, saying that The American Center for Law and Justice has filed on behalf of the Heritage Foundation in the U.S. Court of Appeals in the D.C. Circuit.
The suit by the ACLJ claims that the mandate, which is enforced by the Occupational Safety and Health Administration (OSHA), “clearly encroaches on the police power of states expressly reserved by the Tenth Amendment.”
According to Fox News’ assessment of the suit they also claim that the Biden administration’s mandate “exceeds the federal government’s authority under the Commerce Clause,” and would “impermissibly” compel citizens “to act as the Government would have them act.”
Incoming Heritage president Kevin Roberts commented on the suit, noting that this is an unusual step for the think tank, but they feel it’s a necessary one, given the circumstances:
“The Heritage Foundation has not historically filed lawsuits,” Roberts said in a statement. “That we are doing so now should make clear to any observer that we view this mandate as deadly serious threat to our individual liberty and the values that make America great.
“Under my predecessors, The Heritage Foundation has stood rock-solid in defense of liberty, freedom, and opportunity for all, and it will continue to do so under my leadership.”
“I wish this lawsuit were unnecessary,” he continued. “I wish we had an administration in the White House that respected the Constitution and the rule of law.
“From the unprecedented border crisis, to the disastrous Afghanistan withdrawal, to now this unlawful COVID vaccine mandate, it is irrevocably clear that this administration will stop at nothing—even harming Americans and our national interests—in pursuit of the most radical policy agenda in American history. Rest assured, we at Heritage are only just beginning to fight back.”
The outgoing president, Kay C. James, offered his own statement, calling the mandate an “unacceptable overreach” by the Biden administration:
“Dr. Roberts and I, along with the Board of Trustees, unanimously agreed The Heritage Foundation has a vital role to play in the courts to protect and secure the freedom of all Americans to make medical decision for themselves,” James said.