Release: Attorney General joins 11 State Coalition in filing suit to halt Federal Vaccine Mandate
ATTORNEY GENERAL JOINS 11 STATE COALITION IN FILING SUIT TO HALT FEDERAL VACCINE MANDATE
PIERRE, S.D. – South Dakota Attorney General Jason Ravnsborg today joined an eleven-state coalition in filing a lawsuit against Joe Biden and the Biden Administration to halt their vaccine mandate on private employers with more than 100 employees. This coalition of states is the first to file suit against the vaccine mandate on private employers. Five private employers joined the challenge as well. A Petition for Judicial Review was filed in the United States 8th Circuit Court of Appeals earlier this morning, and a Motion for Stay is expected to be filed early next week.
The lawsuit, which was filed in the United States Court of Appeals for the Eighth Circuit earlier this morning, challenges the Emergency Temporary Standard (ETS) propagated by the Occupational Safety and Health Administration (OSHA) which requires private employers with 100 or more employees to mandate their employees to get vaccinated or implement weekly testing and mask requirements. Non- compliant businesses could face steep fines.
The petition states, “This mandate is unconstitutional, unlawful, and unwise. The federal government lacks constitutional authority under its enumerated powers to issue this mandate, and its attempt to do so unconstitutionally infringes on the States’ powers expressly reserved by the Tenth Amendment.
OSHA also lacks statutory authority to issue this mandate, which it shoe-horned into statutes that govern workplace safety, and which were never intended to federalize public-health policy.”
The petition also states, “For over a century, the U.S. Supreme Court has recognized that policies on compulsory vaccination lie within the police powers of the States, and that ‘they are matters that do not ordinarily concern the national government.’ Until quite recently, the Biden Administration agreed. The White House stated on July 23 of this year that mandating vaccines is ‘not the role of the federal government.’ But on September 9, 2021, that position underwent a dramatic reversal. The President announced several sweeping vaccine mandates, including a vaccine mandate to be issued by OSHA that applies to all employers who employ more than 100 employees. OSHA published this ‘emergency’ mandate two months later, crafting an elaborate post hoc justification for a policy that the President had already dictated that it would impose.”
The full petition can be found here.
In addition to South Dakota, attorneys general from Missouri, Arizona, Montana, Nebraska, Arkansas, Iowa, North Dakota, Alaska, New Hampshire, and Wyoming also joined the challenge.
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PIERRE, S.D. – The South Dakota Public Utilities Commission wants South Dakotans to be aware that all major mobile carriers, including AT&T, Verizon and T-Mobile, plan to phase out their 3G networks in 2022. The decommissioning of 3G networks, which rely on older technology, is part of a larger plan that will allow providers to focus more of their resources on building out newer networks, like 5G, to meet consumer demands instead of maintaining an older one. As a result of this change, older phones that require 3G networks to operate will lose service.