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Kansas Senator vows to continue fight against CMS COVID-19 vaccine mandate as OSHA mandate halted

Published: Jan. 13, 2022 at 3:40 PM CST
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TOPEKA, Kan. (WIBW) - As the Supreme Court stayed the OSHA COVID-19 vaccine mandate, Senator Roger Marshall said he will continue to fight against the CMS vaccine mandate.

U.S. Senator Roger Marshall (R-Kan.) says on Thursday, Jan. 13, the U.S. Supreme Court issued a stay to block President Joe Biden’s COVID-19 vaccine-or-test requirement for large employers.

“Simply put, the Administration overstepped its authority, and I am glad the Supreme Court is holding them accountable. This is a huge victory for all Americans who were forced to fight against Joe Biden’s cruel campaign to punish workers over their medical freedoms,” said Sen. Marshall. “Make no mistake, these vaccine mandates are not about public health or science. If they were, the White House would recognize the 92% of Americans who have already built up immunity to this virus between vaccines and natural immunity.”

Meanwhile, the Supreme Court also moved to allow the Centers or Medicare and Medicaid Services vaccine mandate to take effect.

Marshall said he continues to fight against the CMS mandate. In December, he said he introduced a resolution of disapproval under the Congressional Review Act to halt the mandate for virtually all health care employees and prevent similar rules from being proposed in the future.

In September, Marshall said all 50 Senate Republicans supported his amendment to the government spending package to prohibit funding for implementation or enforcement of the vaccine mandate on private companies.

The Occupational Safety and Health Administration recently enacted the regulatory vaccine mandate for a significant portion of the nation’s workforce. The mandate, which employers were required to enforce, applied to about 84 million Americans, covering virtually all employers with at least 100 employees.

Marshall said this was a never-before-seen type of mandate without Congressional authorization. He said businesses and nonprofit organizations challenged the rule in Appeals Courts and initially, the Fifth Circuit entered a stay to block the rule, however, when the cases were consolidated in the Sixth Circuit Court of Appeals, it lifted the stay and allowed the rule to take effect.

According to the Junior Senator from Kansas, businesses sought emergency relief from the U.S. Supreme Court and argued the mandate exceeded statutory authority and is otherwise unlawful. The Supreme Court ultimately agreed businesses were likely to prevail on the merits of the case and stayed the rule.

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