Kansas AG candidate Kobach files suit on behalf of employers hit by the OSHA vaccine mandate

Twenty-seven states have taken legal action against the Biden administration over the mandate

Republican Kansas Attorney General candidate Kris Kobach announced on Tuesday that he has filed a lawsuit against the Biden administration over its controversial vaccine mandate for businesses with over 100 employees. 

"Today, I filed suit on behalf of employers impacted by the OSHA vaccine mandate," Kobach, who served as Kansas secretary of state from 2011 to 2019, tweeted Tuesday. "We need a halt to Biden’s mandate until the issues are fully litigated and resolved.  Anything less will deny liberties to Americans and will impose unbearable costs on American businesses."

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Kobach, in his role as chief counsel for the Alliance for Free Citizens, said in a press release that he has petitioned the 8th Circuit Court of Appeals on behalf of two North Dakota companies that believe the mandate is unconstitutional.

"This vaccine mandate attempts to take the federal government where it has never gone before — into the realm of forcing unwanted vaccines into the bodies of American citizens," Kobach said. "We must win this fight, and we will win this fight." 

Kobach’s filing comes as 27 states have sued the Biden administration over the mandate, with which OSHA says companies with more than 100 employees must comply by Jan. 4 or face thousands of dollars in fines. 

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On Saturday, a federal appeals court issued a stay on the mandate, giving a temporary victory to those who have taken legal action challenging the constitutional merits of Biden’s regulation.

White House deputy press secretary Karine Jean-Pierre responded to a question at a Friday press briefing about whether or not she is confident the mandate will stand up to legal challenges.

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"We are very confident that it can," Jean-Pierre said. "As for the legal side of this, let me be crystal clear to avoid what appears to be possible misinformation or disinformation around the emergency temporary standard being a vaccine mandate. That would be on its face incorrect as has been explicit for months. It is a standard for safe workplace to either comply with weekly testing or to be vaccinated."

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