Family Foundation Argues Against Biden’s Vaccine Mandate Policy

During the Christmas holidays, The Family Foundation (“TFF”) and Founding Freedoms Law Center kept working and joined a brief arguing that the mandatory vaccine policy imposed upon large employers was unconstitutional because, among other things, it stifles religious freedom.  TFF and its 30 sister state family policy councils argued in the brief that the Founders found religious liberty essential for our republic, and that Congress typically protected it through the legislative process (examples are the Religious Freedom Restoration Act and many religious exceptions found in federal law). The regulatory bureaucracies have typically been inattentive to religious liberty issues, as witnessed here where OSHA simply directs religious exemption seekers to their employers, who can refuse the exemption if the employer suffers only a minimal harm.

OSHA adopted its vaccine mandate as an emergency standard, despite the fact that this “emergency” has been going on for two years. By using this “emergency” provision, OSHA was able to bypass the normal notice-and-comment provisions in administrative law.  Using this bypass resulted in many interests, including religious employers and employees, not being able to show OSHA how this mandate hurt them and their faith.  The skepticism raised by TFF in the brief struck a responsive chord in several Supreme Court Justices at the recent oral argument.

A copy of the brief can be found HERE.