South Carolina joins lawsuit against private employer COVID vaccination mandate

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South Carolina joined four other states and six businesses Friday in a lawsuit against the Biden administration’s mandate on private employer COVID-19 vaccinations.

Texas, Louisiana, Mississippi and Utah are part of the petition for review , which was filed in the U.S. Court of Appeals for the Fifth Circuit.

Biden’s mandate, through the Department of Labor’s Occupational Safety and Health Administration (OSHA), says businesses with 100 or more employees must ensure their workers are vaccinated or require weekly COVID-19 testing by Jan. 4.

The regulation will make unvaccinated employees wear masks at work.

“Unlike the Biden Administration, the Judges with whom our Petition has been filed will consider the Constitution,” South Carolina Attorney General Alan Wilson said. “The President is flouting the rule of law to engage in federal overreach at its worst. He has little regard for the constitutional liberties of our citizens.”

Tennessee, Idaho, Kansas, Kentucky, Ohio, Oklahoma and West Virginia jointly filed a similar petition appeal  Friday.

“We have never seen a president go out of bounds as this one has,” South Carolina Gov. Henry McMaster said. “For the federal government to intrude on the workplace is unlawful and we will fight it.”

Wilson believes South Carolina and other states will prevail.

“This is garbage and it’s unconstitutional so we will be fighting it,” Wilson said. “OSHA does not have the authority for this kind of mandate.”

McMaster issued an executive order that prevents all state agencies in his cabinet from requiring COVID-19 vaccinations, a move that affects 19 state agencies.

The order also directed state agencies to immediately contact the governor or attorney general’s office if they receive communication from the Biden administration regarding a mandate.

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