Missouri attorney general planning lawsuit over Biden vaccine mandate

Missouri Attorney General Eric Schmitt (R) said on Thursday that he planned on suing against a Biden administration vaccination mandate for businesses with at least 100 employees.

“We will be on file first thing tomorrow morning to halt this illegal, unconstitutional attempt by the Biden Administration and the federal government to impose their will on thousands of Missouri businesses and millions of Missourians. Missouri will not roll over, we will not back down – we will file suit imminently,” Schmitt said in a statement on Thursday.

The Republican Attorney General claimed that the Biden administration’s vaccination policy would hurt businesses financially.

“The federal government does not have the authority to unilaterally force private employers to mandate their employees get vaccinated or foot the bill for weekly testing. I’ve been in discussions with businesses in Missouri, including a trailer manufacturing company in mid-Missouri, who say that this vaccine mandate will crush their business,” Schmitt said in a statement on Thursday.

Earlier on Thursday, the Biden administration published rules, which were developed by the Occupational Safety and Health Administration (OSHA), that require businesses with at least 100 workers to get the COVID-19 vaccine. 

If workers choose against getting the vaccine, businesses must enforce a policy of having workers wear masks and submit to regular testing. A single violation will be $13,653, but multiple violations can be accrued. 

The Biden administration has refuted the argument that the federal government does not have the power to enforce health measures like the COVID-19 vaccine.

“This [emergency temporary standard] preempts the occupational safety and health issues of vaccination, wearing face coverings, and testing for COVID-19. Thus the standard preempts states, and political subdivisions of states, from adopting and enforcing workplace requirements relating to these issues, except under the authority of a federally approved state plan,” a senior administration official said during a background press call on Wednesday.