All 50 Republican Senators Challenge Biden’s Vaccine Mandate for Businesses, Vote to Happen Early December

WASHINGTON, DC – Senator James Lankford (R-OK) today joined Senator Mike Braun (R-IN) and all 48 of their Senate colleagues to file a formal challenge against President Biden’s vaccine mandate under the Congressional Review Act (CRA), which is the official process for Congress to eliminate an Executive Branch rule. This move to overturn President Biden’s vaccine mandate for private employers is now guaranteed a vote on the Senate floor. The rule was transmitted to the Senate on November 16th, setting up a floor vote as soon as early December.

“President Biden is playing a game of chicken with Oklahomans’ lives and livelihoods. No one should have to choose between their job and their personal health care decisions,” said Lankford. “I have pushed hard against the vaccine mandates since they were first announced by introducing bills to repeal the mandate for federal employees and contractors and protect service members from dishonorable discharge and speaking directly to agency heads to share the real impacts these mandates are already having on Oklahomans. Now my colleagues and I are urging others to take a stand and vote in favor of our resolution to overturn Biden’s vaccine mandate on businesses and their employees. I will continue to fight to preserve our liberties and against Biden’s extreme overreach.”

“Today, Senate Republicans will formally challenge the overreach of federal power that is President Biden’s vaccine-or-test mandate for private businesses, and I urge the Senate to vote in favor of this disapproval resolution when it comes to the floor for a filibuster-proof, simple-majority vote as soon as early December,” said Braun. “Republicans are united against President Biden’s vaccine-or-test mandate for businesses, but this federal overreach is not a partisan issue, and the consequences of this mandate are affecting Americans in all 50 states.”

Lankford and Braun were joined by Senate Republican Leader Mitch McConnell (R-KY) and Senators Dan Sullivan (R-AK), Bill Hagerty (R-TN), Roger Marshall (R-KS), Mike Lee (R-UT), Rick Scott (R-FL), Marsha Blackburn (R-TN), Rand Paul (R-KY), Cynthia Lummis (R-WY), Shelley Moore Capito (R-WV), Marco Rubio (R-FL), John Barrasso (R-WY), Cindy Hyde-Smith (R-MS), John Thune (R-SD), Jerry Moran (R-KS), Roger Wicker (R-MS), Richard Burr (R-NC), Mike Rounds (R-SD), John Hoeven (R-ND), Pat Toomey (R-PA), Tommy Tuberville (R-AL), Jim Risch (R-ID), Mike Crapo (R-ID), Ted Cruz (R-TX), Tom Cotton (R-AR), Joni Ernst (R-IA), Kevin Cramer,(R-ND), Josh Hawley (R-MO), John Boozman (R-AR), Jim Inhofe (R-OK), Chuck Grassley (R-IA), Todd Young, (R-IN), John Kennedy (R-LA), Ron Johnson (R-WI), Ben Sasse (R-NE), Steve Daines (R-MT), Deb Fischer (R-NE), Lindsey Graham (R-SC), Thom Tillis (R-NC), John Cornyn (R-TX), Tim Scott, (R-SC), Bill Cassidy (R-LA), Roy Blunt (R-MO), Richard Shelby (R- AL), Rob Portman (R-OH), Susan Collins,(R-ME), Lisa Murkowski (R-AK), and Mitt Romney (R-UT). Congressman Fred Keller (PA-12) joined his colleagues in the House of Representatives to introduce the companion legislation.

Background

On September 8, President Joe Biden announced vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors.

To implement this mandate, the Occupational Safety and Health Administration (OSHA) within the US Department of Labor issued an Emergency Temporary Standard (ETS). Employers that fail to comply will be fined $13, 653 for each offense and willful violations will result in a $136,532 penalty. This rule places unrealistic compliance burdens on employers—especially during a time where business and supply chains are already under duress. For example, 30 days after publication, all requirements other than testing for employees must be in place. In addition, 60 days after publication, all testing requirements must be in place.

The CRA can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.

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