CHARLESTON — West Virginia Attorney General Patrick Morrisey has joined a 24-state letter urging President Biden to reconsider the vaccine mandate that, if imposed, the letter’s authors vow to challenge in court.
The attorneys general who signed the letter all are Republicans.
In the letter, they acknowledge the COVID-19 vaccine has helped protect millions of Americans. However, they take issue with Biden’s use of what they call flimsy legal arguments, contradictory statements and threatening directives to force others to receive the vaccine.
Morrisey
The coalition’s letter, sent September 16, says reducing vaccine hesitancy requires room for discussion and disagreement – not mandates that sow division and distrust, rather than promote unity and the public’s health.
The AGs write they will use every legal option to uphold the rule of law and hold Biden accountable should his administration refuse to alter its course.
“Your plan is disastrous and counterproductive,” the letter states. “From a policy perspective, this edict is unlikely to win hearts and minds—it will simply drive further skepticism. ...
“Thus, Mr. President, your vaccination mandate represents not only a threat to individual liberty, but a public health disaster that will displace vulnerable workers and exacerbate a nationwide hospital staffing crisis, with severe consequences for all Americans,” he and fellow authors added.
The coalition says the mandate is unlawful and maintains it will force at least some Americans to leave the job market instead of complying, which will place further strain on an already tight labor market. Worse, the attorneys general contend some of those leaving their posts will be essential healthcare workers.
The letter further argues Biden's mandate suggests the vaccinated need protection from those who, for whatever personal reason, choose not to or cannot receive the COVID-19 shot.
Legally, the attorneys general contend Biden’s mandate sidesteps Congress and reaches far beyond the intent of the Occupational Safety and Health Act. They argue OSHA was directed toward occupational safety involving dangers at work because of one’s work as opposed to dangers occurring in society generally, including at work.
The rarely used emergency standard relied upon by Biden has been utilized just seven times since 1971 and just once since 1983. The most recent instance, earlier this summer, is being challenged, and five of the previous six uses were vacated or stayed to some degree.
West Virginia joined the South Carolina-led letter with Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah and Wyoming.
