South Dakota joins lawsuit against Biden administration

Teacher VaccinationsPIERRE, S.D. — South Dakota has now joined an eleven-state coalition lawsuit against the Biden administration to stop the vaccination mandate on employers with more than 100 employees. Five private employers have joined the lawsuit as well.

The suit, filed in the 8th Circuit Court of Appeals Friday morning, is a challenge to the Emergency Temporary Standard (ETS) from the Occupational Safety and Health Administration (OSHA), requiring private companies with more than 100 employers to vaccinate employees or begin weekly testing and masking requirements. Non-compliant businesses could face heavy fines.

The petition challenges the mandate, stating that the federal government lacks the constitutional authority, that OSHA lacks the authority, and that the mandate infringes on States’ rights laid out in the Tenth Amendment.

“For over a century, the U.S. Supreme Court has recognized that policies on compulsory vaccination lie within the police powers of the States, and that ‘they are matters that do not ordinarily concern the national government,'” the petition states. “Until quite recently, the Biden Administration agreed. The White House stated on July 23 of this year that mandating vaccines is ‘not the role of the federal government.’ But on September 9, 2021, that position underwent a dramatic reversal.”

This 11-state coalition is the first to file suit against the Biden administration for the vaccination mandate.

South Dakota joins Missouri, Arizona, Montana, Nebraska, Arkansas, Iowa, North Dakota, Alaska, New Hampshire, and Wyoming in the lawsuit. The five private employers that joined are AAI, Inc., Doolittle Trailer Manufacturing, Inc., Christian Employers Alliance, Sioux Falls Catholic Schools d/b/a Bishop O’Gorman Catholic Schools, and Home School Legal Defense Association, Inc.

The full petition can be read by clicking here.

Categories: Coronavirus, Local News, National News, South Dakota News