The Job Creators Network is calling for a nationwide suspension of the Biden administration’s vaccine ultimatum after the Fifth Circuit Court of Appeals temporarily froze the medically coercive mandate that requires employees at companies with 100 or more workers to get the shot or risk losing their jobs.
Biden's big government vaccine mandate has been temporarily blocked, we intend to fight until it's permanently dropped.
It's nothing more than an unconstitutional attack on American workers and small businesses.https://t.co/JLPHIxDRE4
— Job Creators Network (@JobCreatorsUSA) November 8, 2021
“We applaud the court’s swift action on issuing the stay in the 5th Circuit but it is paramount that all businesses, regardless of location, be able to breathe at least a temporary sigh of relief. For that reason, we filed with the 8th Circuit this afternoon asking to enforce the suspension of the mandate nationwide,” said Alfredo Ortiz, president and CEO of Job Creators Network. “President Biden is completely out of touch with reality and is under the misguided impression that this unconstitutional mandate will not have a detrimental impact on the small business community. We know better and we will continue to fight until it is completely eliminated.”
The Fifth Circuit granted a temporary stay of the Occupational Health and Safety Administration’s mandate on Saturday, citing “grave statutory and constitutional issues” with the law, which was implemented on Nov. 4. It is unclear whether the stay applies exclusively to states that presented the case, including entities in Texas, Louisiana, Mississippi, South Carolina, and Utah, or nationwide.
“The Fifth Circuit’s ruling may apply nationwide, but it is not entirely clear,” the JNC’s filing states. “To avoid any ambiguity on this front, as well as avoid any potentially inconsistent obligations for companies located across the country, Petitioners respectfully request that this Court grant their pending motion for preliminary administrative relief in this case.”
Since the mandate was passed, JCN, which advocates for hundreds of small businesses, has led a charge to block Biden’s law. In October, JCN estimated that small companies would lose 30 percent of their workforces to the vaccine mandate, and immediately after the mandate was announced, JCN sued the administration for harming small businesses.
“When we’re already facing the biggest labor shortage we’ve seen in decades, to put this on small businesses and turn them essentially into vaccine police is just an overstep,” said JCN Chief Communications Officer Elaine Parker. “These are conversations that people should be having with their doctors in the exam room and not their bosses in the lunchroom.”
More than 30 million unvaccinated workers will be forced to choose between getting the vaccine or endless testing, or else risk unemployment or massive fines come January, when the mandate will be enforced. Last week, OSHA officials said the administration is considering extending the mandate to businesses with fewer than 100 employees, alienating an even greater number of workers.
“OSHA is confident that employers with 100 or more employees have the administrative capacity to implement the standard’s requirements promptly, but is less confident that smaller employers can do so without undue disruption,” said a summary OSHA released on Friday. “OSHA needs additional time to assess the capacity of smaller employers, and is seeking comment to help the agency make that determination.”
The Biden administration has until 5 p.m. to respond to the filings.
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