U.S. Supreme Court to hear challenges to vaccine mandates in early January
The U.S. Supreme Court early next month will hear challenges to two of President Joe Biden’s worker-related COVID-19 vaccine mandates. The nation’s highest court agreed Wednesday to hear oral arguments on January 7 on the Biden administration’s separate executive branch mandates that most health care workers and those employed by private businesses with 100 workers or more be fully vaccinated against COVID-19, be tested regularly, or face losing their jobs. Dozens of lawsuits were filed challenging the constitutionality of Biden’s vaccine mandates, which he put in place without Congressional approval. The private sector mandate, which would impact more than 80 million workers in the U.S., initially was ordered halted by the 5th Circuit Court of Appeals in New Orleans, which cited “grave” constitutional concerns over potential executive branch overreach. After more than a dozen lawsuits against the mandate on private businesses were consolidated and sent to the 6th Circuit in Cincinnati, the Ohio-based federal court reinstated it last week. The reinstatement ruling was immediately appealed to the Supreme Court by multiple plaintiffs across the country. Biden also mandated that the employees of all health care companies that receive Medicaid and Medicare dollars be vaccinated against the coronavirus. This mandate affects more than 2 million American workers. Conservative groups and free-market advocates argue the president doesn’t have the authority to unilaterally make health care decisions for individual American citizens. The Biden administration has said it’s confident it does have that authority. The mandates are set to take effect January 4, three days before oral arguments in the cases. Because of the timing of the effective date of the mandates, the Supreme Court is expected to issue a decision quickly. By Dan McCaleb Republished with the permission of The Center Square.
AG Steve Marshall files lawsuit to block Head Start vaccine mandate
Attorney General Steve Marshall joined 22 other attorneys general and filed a lawsuit to block the Biden administration’s Head Start mandate for program employees to vaccinate against COVID, and for pre-school pupils to wear face masks, or risk losing all federal funding. The lawsuit argues that the mandate conflicts with Alabama’s vaccine passport law and that the U.S. Department of Health and Human Services doesn’t have the legal authority to impose the mandate. The lawsuit was filed in the Western District of Louisiana. Attorney General Marshall joined with Louisiana Attorney General Jeff Landry to bring this action, along with his colleagues from Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. The mandate requires all personnel to be “fully vaccinated” and wear masks at all times, while also requiring students ages two years and older to wear masks. Two of Alabama’s state agencies—the Alabama Department of Human Resources and the Alabama Department of Early Childhood Education—would be affected by the mandate, as would all of Alabama’s Head Start teachers, staff, volunteers, and students. “The Biden administration clearly has no plans to back down from its errant pursuit of nationwide vaccination,” Marshall stated. “Likewise, the State of Alabama has no plans to back down from its righteous pursuit of nationwide injunctions.” Marshall added, “The victims of these mandates will not be ‘the unvaccinated,’ as President Biden would like you to believe. Rather, the harm will be felt by the rural pre-school children who will be left with no place to go if their centers are shut down. A program that the federal government created is at risk of being destroyed by those who claim to care most about its participants.”
Steve Marshall: Vaccine mandate pushback necessary until ‘victory is secured’
Attorney General Steve Marshall issued a statement on the status of the State’s legal challenges to President Joe Biden’s vaccine mandates. In early December, Marshall announced victory over Biden’s federal-contractor vaccine mandate. A federal court granted Alabama’s motion for an injunction against the vaccination requirement. Marshall stated, “On Friday evening, the U.S. Court of Appeals for the Sixth Circuit reinstated Biden’s private-employer vaccine mandate. Within hours of that decision, the State of Alabama—along with dozens of other state and private parties—filed an emergency application with the U.S. Supreme Court, asking the Court to immediately halt the mandate until the Court fully hears the case and issues a final ruling. “At the same time, the U.S. Department of Justice has asked the Supreme Court to take up the healthcare-worker vaccine mandate. Previously, as announced on November 30, the State of Alabama was successful in winning a nationwide injunction against the mandate from a federal district court, which was upheld as to the plaintiff states by the U.S. Court of Appeals for the Fifth Circuit,” Marshall continued. “We are optimistic that the Supreme Court will act swiftly in both cases and agree with the State of Alabama that these vaccine mandates plainly exceed any power given to the federal government by the Congress or the Constitution. “While the private-employer and healthcare-worker vaccine mandates head to the Supreme Court, the State of Alabama has won another victory against the federal-contractor vaccine mandate. Over the weekend, the U.S. Court of Appeals for the Eleventh Circuit denied the Department of Justice’s motion to reinstate the mandate pending appeal, leaving it blocked in Alabama and all other states that are parties in the case. “My office recognizes and fully appreciates the real-life challenges that employees and employers alike are experiencing given the shifting circumstances surrounding these mandates. Rest assured that my team and I will not let up until a full and final victory is secured against them for the people of Alabama,” he concluded.
COVID mandates oust cops nationwide, police leaders warn of fallout
COVID-19 vaccine mandates have sparked nationwide controversy and led to firings and resignations around the country. Police officers have been hit hard by the requirements, and their exodus may leave many cities understaffed even on the heels of a spike in violent crime. In New York City, officers passed the mayor’s deadline for vaccination Friday. The city announced that there are 26,000 unvaccinated municipal workers, including 17% of police officers. Those who refuse to comply will be placed on unpaid leave beginning Monday. But New York City is far from the only local government to take that route. Several municipalities have instituted vaccine mandates for police officers only to see a significant drop-off in staffing. Chicago, Minneapolis, Los Angeles, and Seattle police departments have all grappled over this issue as well. In some areas, like Denver, data suggest that many officers who fought the mandate were, in the end, unwilling to resign over it. However, in other areas, police departments around the country have lost many officers due to the mandate. Los Angeles County Sheriff Alex Villanueva grabbed headlines earlier this month after announcing he would not enforce the vaccine mandate on his staff, putting local leaders in a tough position. Last week, he called the mandate an “imminent threat to public safety.” “The Board’s vaccination mandate is causing a mass exodus within the Department, which is an absolutely absurd result,” Villaneuva said. “I have repeatedly stated the dangers to public safety when 20%-30% of my workforce is no longer available to provide service, and those dangers are quickly becoming a reality. We are experiencing an increase in unscheduled retirements, worker compensation claims, employees quitting, and a reduction in qualified applicants. As a result, homicide rates will continue to rise, response times will increase, solve rates will diminish, arrests will decline, patrol services will significantly decline, and patrol stations will close.” In Massachusetts, The State Police Association of Massachusetts (SPAM) lost a legal battle in September challenging the state’s vaccine mandate, forcing many law enforcement officers out. “The State Police are already critically short-staffed and acknowledged this by the unprecedented moves which took troopers from specialty units that investigate homicides, terrorism, computer crimes, arsons, gangs, narcotics, and human trafficking, and returned them to uniformed patrol,” SPAM said in the statement. The Seattle police department lost a few officers and has many more waiting to see if they can receive an exemption to the mandate. “As of midnight, all but six Seattle Police Department employees have submitted their COVID-19 vaccination forms or are involved in an accommodation process, per city mandate,” SPD said in mid-October. “For those six employees, the separation process has begun. Meanwhile, 103 sworn and civilian SPD employees submitted requests for either a medical or religious exemption. While away from work, those employees will be using their own accrued time balances. The decision on when and whether they will be allowed to return to work will be determined in the coming weeks.” Many of the officers leaving departments plan to head to more flexible employers. “To date, dozens of troopers have already submitted their resignation paperwork, some of whom plan to return to other departments offering reasonable alternatives such as mask-wearing and regular testing,” SPAM said. Florida’s Republican Gov. Ron DeSantis has capitalized politically on the issue, publicly calling on ousted officers from around the nation to move to Florida. “NYPD, Minneapolis, Seattle, if you’re not being treated well, we’ll treat you better here: you fill important needs for us, and we’ll compensate you as a result,” DeSantis told Fox News. Mandates combined with growing friction between police and local governments over “defund the police” movements and other anti-police sentiments already had officers on edge. Now, many police groups have pushed back against the vaccine mandates but have failed to sway several of the nation’s larger municipalities. “The mandate-first, last, and only approach for law enforcement belies the public trust imbued on officers to make difficult, sometimes life and death decisions every day,” said Jason Johnson, president of the Law Enforcement Legal Defense Fund. “They are asked to quickly assess complex situations, apply their discretion, and act decisively and fairly – to uphold the law and protect the public. The men and women who put their lives on the line for others and take on this immense responsibility are now being told their leaders’ have no faith in their judgment.” Meanwhile, the nation saw a spike in violent crime last year, according to FBI data released in September. Homicides rose nearly 30% in 2020 and aggravated assaults increased by more than 12%. That marked the first time in four years violent crime rose from the previous year. There were roughly 21,500 reported murders in 2020, the highest figure in decades. “In 2020, there were an estimated 1,277,696 violent crimes,” the FBI said. “When compared with the estimates from 2019, the estimated number of robbery offenses fell 9.3 percent, and the estimated volume of rape (revised definition) offenses decreased 12.0 percent. The estimated number of aggravated assault offenses rose 12.1 percent, and the volume of murder and nonnegligent manslaughter offenses increased 29.4 percent.” Last weekend, Chicago saw a 220% increase in downtown shootings, raising more concerns about the need for police. “But don’t worry, [Chicago Mayor Lori Lightfoot] thinks the best way to solve this serious problem of increased downtown shootings is by stripping and removing cops from the street,” said Chicago’s Fraternal Order of Police Lodge 7, a local police union chapter. By Casey Harper | The Center Square
UAB pauses vaccine requirement in face of federal mandate
The University of Alabama at Birmingham has ended a COVID-19 vaccine requirement for health system employees as officials await details about a federal mandate for health care workers. UAB Health in August announced that both employees and others working in its hospitals and clinics must be fully vaccinated against COVID-19 by Nov. 12. It announced Friday that it was withdrawing the policy in the face of the coming federal mandate. “Because UAB Health System must follow federal law, UAB Health System will remove its vaccine policy at this time. UAB Health System will wait for the detailed federal guidance to develop a replacement vaccine policy in order to ensure full compliance with federal law,” the university said in a statement. President Joe Biden this month announced a sweeping new push for vaccinations. The expansive rules mandate that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly, affecting about 80 million Americans. And the roughly 17 million workers at health facilities that receive federal Medicare or Medicaid also will have to be fully vaccinated. A group opposed to the UAB mandate had sent the university a letter threatening a lawsuit over the vaccine requirement. Republished with the permission of the Associated Press.
Kay Ivey calls Joe Biden’s vaccine mandate ‘outrageous’
On Thursday, President Joe Biden outlined his new federal vaccine requirements for as many as 100 million Americans, Associated Press reported. Many Republican leaders believe Biden has gone too far. The rules mandate that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly. Also, the 17 million workers at health facilities that receive federal Medicare or Medicaid will have to be fully vaccinated. Governor Kay Ivey said in a statement, “Once again, President Biden has missed the mark. His outrageous, overreaching mandates will no doubt be challenged in the courts. Placing more burdens on both employers and employees during a pandemic with the rising inflation rates and lingering labor shortages is totally unacceptable. “Alabamians have stepped up by rolling up their sleeves to get the covid-19 vaccine, increasing our doses administered significantly in recent weeks. We have done so without mandates from Washington D.C. or Montgomery,” Ivey continued. I’ve made it abundantly clear: I support the science and encourage folks taking the vaccine. However, I am absolutely against a government mandate on the vaccine, which is why I signed the vaccine passport ban into law here in Alabama. This is not the role of the government. I continue encouraging any Alabamian who can, to get the covid-19 vaccine. We have a safe and effective tool at our fingertips, so, let’s roll up our sleeves and get this thing beat.” According to the CDC, more than 177 million Americans are fully vaccinated against the coronavirus. However, confirmed cases have shot up in recent weeks to an average of about 140,000 per day with on average about 1,000 deaths.
