Sen. Chuck Grassley (R-Iowa) today joined Sen. Mike Braun (R-Ind.) and several colleagues
in formally challenging President Biden’s vaccine mandate under the
Congressional Review Act (CRA). This move to overturn President
Biden’s vaccine or test mandate for private employers is guaranteed a
vote on the Senate floor. The rule was transmitted to the Senate on November
16th, setting up a floor vote as soon as early December.
“While I continue to encourage eligible Iowans
to get the safe and effective vaccine, I am opposed to President Biden’s
unconstitutional government vaccine mandate on private businesses. Businesses
don’t need additional red tape on top of a worker shortage crisis and sluggish
economy. Every business and American should have the ability to make their own
decision about the vaccine,” Grassley
“Today, Senate Republicans will formally
challenge the overreach of federal power that is President Biden’s
vaccine-or-test mandate for private businesses, and I urge the Senate to vote
in favor of this disapproval resolution when it comes to the Floor for a
filibuster-proof, simple-majority vote as soon as early December. Republicans
are united against President Biden’s vaccine-or-test mandate for businesses,
but this federal overreach is not a partisan issue, and the consequences of
this mandate are affecting Americans in all 50 states,” Braun said.
The Congressional Review Act is the
official process for Congress to eliminate an executive branch rule. The
resolution has been received by the Senate and referred to the Committee on
Health, Education, Labor, and Pensions (HELP).
On September 8, Biden announced vaccine
mandates that extend to 80 million private sector workers and additional
mandates on millions of federal workers and contractors.
To implement this mandate, Occupational
Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS).
Employers that fail to comply will be fined $13, 653 for each offense
and willful violations will result in a $136,532 penalty. This rule places
unrealistic compliance burdens on employers - especially during a time where
business and supply chains are already under duress. For example, 30 days after
publication, all requirements other than testing for employees must be in
place. In addition, 60 days after publication, all testing requirements must be
This unconstitutional action by the Biden administration also faces legal
challenges. On November 12, 2021, the U.S. Court of Appeals for the 5th Circuit
issued a stay in BST Holdings, L.L.C. v.
OSHA, ordering that OSHA take no steps to implement or enforce the OSHA
mandate until further court order.
The CRA can be used by Congress to
overturn certain federal agency regulations and actions through a joint
resolution of disapproval. If a CRA joint resolution of disapproval is approved
by both houses of Congress and signed by the President, or if Congress
successfully overrides a presidential veto, the rule at issue is invalidated.
Joining Grassley and Braun
are Sens. Mitch McConnell (R-Ky.), Dan Sullivan (R-Alaska),
Bill Hagerty (R-Tenn.), Roger Marshall (R-Kan.), Mike
Lee (R-Utah), James Lankford (R-Okla.), Rick Scott (R-Fla.),
Marsha Blackburn (R-Tenn.), Rand Paul (R-Ky.), Cynthia Lummis (R-Wyo.), Shelley
Moore Capito (R-W.Va), Marco Rubio (R-Fla.),
John Barrasso (R-Wyo.), Cindy Hyde-Smith (R-Miss.), John
Thune (R-S.D.), Jerry Moran (R-Kan.), Roger Wicker (R-Miss.),
Richard Burr (R-N.C.), Mike
Rounds (R-S.D.), John Hoeven (R-N.D.), Pat Toomey (R-Pa.),
Tommy Tuberville (R-Ala.), James Risch (R-Idaho), Mike
Crapo (R-Idaho), Ted Cruz (R-Texas), Tom Cotton (R-Ark.), Joni
Ernst (R-Iowa), Kevin Cramer (R-N.D.), Josh Hawley (R-Mo.),
John Boozman (R-Ark.), Jim Inhofe (R-Okla.), Todd
Young (R-Ind.), John Kennedy (R-La.), Ron Johnson (R-Wis.),
Ben Sasse (R-Neb.), Steve Daines (R-Mont.), Deb
Fischer (R-Neb.), Lindsey Graham (R-S.C.), Thom
Tillis (R-N.C.), John Cornyn (R-Texas), Tim Scott (R-S.C.),
Bill Cassidy (R-La.), Roy Blunt (R-Mo.), Richard Shelby (R-Ala.), Rob Portman
(R-Ohio), Susan Collins (R-Maine), Lisa Murkowski (R-Alaska) and Mitt Romney
(R-Utah). Congressman Fred Keller (PA-12) and other members in the U.S. House
of Representatives introduced the same bill.