On Thursday the Alliance for Free Citizens, a national grassroots organization dedicated to the restoration of constitutional principles, gained a major victory in the United States Supreme Court alongside other allied challengers. A 6-3 majority granted the petitioners’ request to stay President Joe Biden’s OSHA-enforced COVID-19 vaccine mandate while it is being reviewedd in the 6th Circuit and potentially again by the Supreme Court.
Holding that the Occupational Safety and Health Administration lacked the statutory authority to issue the mandate, the Court stated:
“The agency claims the power to force 84 million Americans to receive a vaccine or undergo regular testing. By any measure, that is a claim of power to resolve a question of vast national significance. Yet Congress has nowhere clearly assigned so much power to OSHA…”
“The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA.”
The 6-justice majority concluded that the government was not likely to prevail on its argument that OSHA possesses the authority to issue the vaccination mandate.
The Alliance for Free Citizens is representing North Dakota businesses and employees in challenging the vaccine mandate. Our case, along with others, was consolidated into a single case in the 6th Circuit.