Today, our firm filed an amicus brief in support applications of stay of the OSHA Vaccine Mandate and a petition for certiorari before judgment. Numerous parties sought court review and a stay of the OSHA Vaccine Mandate after it was issued on November 5, 2021. After the Sixth Circuit allowed the mandate to take effect, requests for stay were sought in the Supreme Court as well as petitions for certiorari before judgment. We argued that the Constitution provides no authority to the federal government to impose such a broad vaccine mandate, nor does the federal government have plenary police power to impose it. Rather, the Constitution leaves it to the States to provide policies for health and safety for their citizens. OSHA’s reliance on the Supreme Court’s 1905 decision in Jacobson v. Massachusetts does not support a federal vaccine mandate. Finally, the factual predicate of the so-called COVID-19 vaccine is flawed, demonstrating that the vaccine mandate is arbitrary and capricious.
