What should we think about this mandate? Is it legal?
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COVID-19 Vaccine Mandate
Resources and Tools
About
The Biden administration is about to require 80 million working Americans to get vaccinated through The Occupational Safety and Health Administration (OSHA). You may be among them. Learn more about how it could impact you, your options, the cases underway to fight the mandate.
Resources
- Submit Comments on OSHA’s Rule, Heritage Action for America
- Religious Liberty Protection Kit for vaccine mandates, including sample exemption requests, First Liberty Institute
- Information about Religious Exemptions to COVID-19 Vaccine Mandate, Alliance Defending Freedom
- Religious Accommodations and Assistance for Employees, Students, Military and Employers, Pacific Justice Institute
- Form to Request Legal Help, Thomas More Society
- Help with non-religious exemptions, Texas Public Policy Foundation
- Model Language for Religious Accommodation Request, Ethics and Public Policy Center
- Model Language for Religious Accommodation Request for Contractors, Ethics and Public Policy Center
Analysis
- Commentary: Here’s Why OSHA Has No Legal Power To Enforce A Vaccine Mandate
- Video: Heritage Explains Biden's Vaccine Mandate: What You Need to Know
- Commentary: I Am Challenging the Vaccine Mandate to Protect My Workers' Jobs
- Commentary: Our Vaccine Status Is None of Their Business
- Commentary: Biden’s Lawless Vaccine Mandate
- Commentary: When Are Religious Exemptions to COVID-19 Vaccine Mandates Required?
- Commentary: How Biden’s COVID-Testing Mandate Violates Civil Rights
- Commentary: In OSHA We Trust?
- Statement: Heritage Experts: Biden Administration’s COVID Vaccine Mandate Will Not Stand
- Event: What's Wrong with President Biden's COVID-19 Vaccine Mandate
- Commentary: Congress Didn’t Give OSHA Authority to Impose Vaccine Mandates
- Commentary: Biden’s Vaccine Mandates Needlessly Polarize, Impede Private Sector Labor Market
- Commentary: Vaccine Mandates Aren’t Biden’s Only Job-Killing Scheme
- Commentary: Biden’s Reckless Vaccine Mandate Risks Severe Economic Dislocation, Higher Price
- Commentary: Why States Should Tune Out Washington’s COVID-19 Noise
- Statement: Heritage President: Biden’s COVID-19 Vaccine Mandates Are Unacceptable, Must Be Rejected
Legal Scholarship and Court Cases
- Lecture: What’s Wrong with President Biden’s COVID-19 Vaccine Mandate
- Law Review: The OSHA Emergency Temporary Standard for COVID-19 Vaccinations
- Law Review: The Irrepressible Myth of Jacobson v. Massachusetts
- Law Review: When Exemptions Discriminate: Unlawfully Narrow Religious Exemptions to Vaccination Mandates by Private Colleges and Universities
- Comment: Non-Delegation, Major Questions, and the OSHA Vaccine Mandate
OSHA lacks the legal authority to impose a vaccine mandate, which has prompted court cases in multiple circuits.
- Organization: The America First Policy Institute, Alliance for Free Citizens
- Court: Eighth Circuit
- Organization: AFT Pennsylvania
- Court: Third Circuit
- Organization: First Liberty Institute
- Court: Sixth Circuit
- Organizations: Liberty Justice Center, Pelican Institute
- Court: Fifth Circuit
- Organizations: Alliance Defending Freedom, Center for American Liberty
- Court: Sixth Circuit
- Organizations: Alliance Defending Freedom, States of Florida, Georgia, and Alabama
- Court: Eleventh Circuit
- Organization: Health Freedom Defense Fund
- Court: Middle District of Florida
- Organizations: States of Kentucky, Idaho, Kansas, Ohio, Oklahoma, Tennessee, and West Virginia
- Court: Sixth Circuit
- Organizations: Texas Public Policy Foundation, American First Legal
- Court: Fifth Circuit
Massachusetts Building Trades Council v. OSHA
- Organization: Massachusetts Building Trades Council
- Court: First Circuit
- Organizations: Alliance Defending Freedom, States of Missouri, Arizona, Montana, Nebraska, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, Wyoming
- Court: Eighth Circuit
National Association of Broadcast Employees & Technicians v. OSHA
- Organization: National Association of Broad Employees & Technicians
- Court: Ninth Circuit
Phillips Manufacturing & Tower Company v. U.S. Department of Labor
- Organization: Buckeye Institute
- Court: Sixth Circuit
Republican National Committee v. OSHA
- Organization: Republican National Committee
- Court: D.C. Circuit
- Organization: SEIU
- Court: Second Circuit
Southern Baptist Evangelical Seminary v. OSHA
- Organization: Alliance Defending Freedom
- Court: Sixth Circuit
- Organization: Wisconsin Institute for Law & Liberty
- Court: Seventh Circuit
Texas Trucking Association v. OSHA
- Organization: NFIB Small Business Legal Center
- Court: Fifth Circuit
Texas v. U.S. Department of Labor
- Organizations: Mississippi Justice Institute, States of Texas, Louisiana, Mississippi, South Carolina, Utah
- Court: Fifth Circuit
The Heritage Foundation v. OSHA
- Organization: The Heritage Foundation
- Court: U.S. Court of Appeals for the D.C. Circuit
United Association of Journeymen v. OSHA
- Organization: United Ass’n of Journeyman
- Court: Fourth Circuit
Word of God Fellowship v. OSHA
- Organization: First Liberty Institute
- Court: Fifth Circuit
