Small businesses advocacy group sues Biden admin over vaccine mandate

The Job Creators Network (JCN) is suing the Biden administration over its mandate that private businesses require workers to be vaccinated against COVID-19.

“President Biden’s vaccine mandate on small businesses is unconstitutional, and a dramatic overreach of federal authority,” JCN President Alfredo Ortiz said in a statement. “To hold the Biden Administration accountable and stand up for small businesses, Job Creators Network plans to file a lawsuit to block the implementation of this order.”

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The group said it would file a lawsuit alongside several of its small businesses members, arguing that the mandate would make hiring more difficult, harming businesses that are already struggling to find workers.

“Small businesses are already contending with a historic labor shortage, and this order will add expensive new barriers to finding and keeping employees, causing significant harm at the worst possible time,” Ortiz continued.

President Biden ordered the Occupational Safety and Health Administration to craft a rule requiring all employers with over 100 employees to mandate the COVID-19 vaccination as a condition to employment.  

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The order allows employees to submit to weekly COVID-19 testing. However, the Biden administration has been unclear as to who would pay for the tests.

“The federal government doesn’t have the power to require small businesses to carry out its de facto national vaccine mandate,” Ortiz added. “JCN’s lawsuit intends to block this federal power grab.”

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Arizona became the first state to sue the Biden administration over the mandate on Tuesday. The complaint argues that because illegal immigrants coming across the southern border are not required to be vaccinated, Biden’s order for U.S. workers is an unconstitutional “favoritism” of non-citizens.

“The federal government cannot force people to get the COVID-19 vaccine. The Biden Administration is once again flouting our laws and precedents to push their radical agenda,” Arizona’s Secretary of State Mark Brnovich said in a statement. “There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border.”

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“Under our Constitution, the President is not a king who can exercise this sort of unbridled power unilaterally,” Brnovich wrote in the complaint. “And even George III wouldn’t have dreamed that he could enact such sweeping policies by royal decree alone.”