By Brandon Moseley
Alabama Attorney General Steve Marshall (R) is appealing a Sixth Circuit Court of Appeals ruling restoring President Joseph R. Biden’s (D) mandate that all employers with over a hundred employees must command that all of their employees get the COVID-19 vaccine or undergo frequent COVID-19 testing.
“On Friday evening, the U.S. Court of Appeals for the Sixth Circuit reinstated Biden’s private-employer vaccine mandate,” Marshall explained in a statement. “Within hours of that decision, the State of Alabama—along with dozens of other state and private parties—filed an emergency application with the U.S. Supreme Court, asking the Court to immediately halt the mandate until the Court fully hears the case and issues a final ruling.
“At the same time, the U.S. Department of Justice has asked the Supreme Court to take up the healthcare-worker vaccine mandate. Previously, as announced on November 30, the State of Alabama was successful in winning a nationwide injunction against the mandate from a federal district court, which was upheld as to the plaintiff states by the U.S. Court of Appeals for the Fifth Circuit.
“We are optimistic that the Supreme Court will act swiftly in both cases and agree with the State of Alabama that these vaccine mandates plainly exceed any power given to the federal government by the Congress or the Constitution."
The ongoing court sagas leave tens of thousands of unvaccinated Alabama workers at risk of being terminated as their employers attempt to react to the conflicting signals from the courts.
“While the private-employer and healthcare-worker vaccine mandates head to the Supreme Court, the State of Alabama has won another victory against the federal-contractor vaccine mandate. Over the weekend, the U.S. Court of Appeals for the Eleventh Circuit denied the Department of Justice’s motion to reinstate the mandate pending appeal, leaving it blocked in Alabama and all other states that are parties in the case.
“My office recognizes and fully appreciates the real-life challenges that employees and employers alike are experiencing given the shifting circumstances surrounding these mandates. Rest assured that my team and I will not let up until a full and final victory is secured against them for the people of Alabama.”
Matt Clark is the Executive Director of the Alabama Center for Law and Liberty (ACLL). Clark told 1819 News that the ACLL also was preparing to appeal to the U.S. Supreme Court.
“Since the Sixth Circuit released its opinion last night, at least five petitions have been filed with the U.S. Supreme Court to stay the OSHA mandate,” Clark said. “The Alabama Center for Law and Liberty intends to join them. Earlier this year, the Supreme Court struck down the CDC's eviction mandate, which was less sweeping than the OSHA mandate. Therefore, we believe that the Supreme Court will stay the OSHA mandate as well.”
Some argue that the government cannot compel citizens to get a medical treatment or vaccine against their will. Supporters of the mandate argue that the needs of society outweigh the rights of the individual and that the state has a compelling interest in promoting public health. The U.S. Supreme Court has ruled in Jacobsen versus Massachusetts that the state can require citizens to be vaccinated.
To connect with the author of this story, or to comment, email brandon.moseley@1819News.com.