Advancing American Freedom (AAF) founder Mike Pence announced the filing of an amicus brief opposing the Occupational Safety and Health Administration’s (OSHA) unconstitutional vaccine mandate and supporting the petitioners’ requests for a stay on Monday. AAF founder and former Vice President Mike Pence previously served as the Chair of the White House Coronavirus Task Force.
In its amicus brief, AAF argues that OSHA’s vaccine mandate published as an Emergency Temporary Standard (ETS) is a means to “shortcut normal rulemaking requirements” established by Congress and should be stayed in order “to prevent the irreparable harm to Americans, to jobs, to constitutional governance, and to our cherished freedoms.”
“America is about freedom and the ability to make the best decision for your family or business, and Joe Biden’s vaccine mandate must be stopped in its tracks in order to preserve freedom, protect American livelihoods and businesses, and to safeguard our constitution,” said AAF founder Mike Pence. “Joe Biden’s vaccine mandate is not the American way, and Advancing American Freedom will always stand up to unconstitutional overreach from the Executive Branch that infringes on the freedoms we so greatly cherish.”
The brief argues that OSHA’s recently published ETS ignores limitations established by the Framers of the Constitution that limit the ability of the Executive Branch to unilaterally impose bodily mandates on American citizens, or to erect barriers to work, that were not clearly authorized by Congress.
The brief analyzes the nine ETSs that OSHA issued prior to 2021, six of which were challenged in court, and five of which were vacated or stayed in whole or in part. All of the nine previous ETSs sought to regulate an asserted occupational danger or toxin that arose in the workplace (e.g., asbestos, pesticides, carcinogens, or chemicals) and no previous ETS attempted to require or coerce employees “to undertake a medical procedure (a vaccination) that cannot be undone at the end of the workday.” Further, the brief argues that the OSHA ETS is attempting to use emergency authorities to achieve a goal that Congress does not support—the mandatory vaccination of the American public. A failure to substantiate the existence of a true emergency or grave danger to employees has resulted in courts striking down past ETSs.
Please find a copy of the amicus brief HERE.