Yost joins AGs’ letter threatening mandate litigation

COLUMBUS — Ohio Attorney General Dave Yost and 23 other attorneys general sent a letter to President Biden warning that litigation will follow the implementation of the proposed mandate on private-sector employees to either get a COVID-19 shot, submit to weekly testing or be fired.

The coalition of AGs outlined their legal and policy concerns with the mandate, which will be carried out through an Occupational Safety and Health Act emergency temporary standard.

"As proposed, the federal vaccine mandate is not only unlawful, its guise as a workplace safety measure further divides those still considering the vaccine," Yost said in a news release. "I am vaccinated, but the president didn't force me to — nor should anyone else be required by federal executive edict."

Biden announced the mandate Sept. 9. When asked soon after about the threat of GOP officials suing, Biden responded: "Have at it."

Yost said history has shown that the judicial branch is highly skeptical of the use of OSHA emergency temporary standards because of concerns about federalism and the separation of powers.

The AGs also raise concerns about the expansion of a federal regulatory agency and public perception of the order's constitutionality.

Ohio was joined on the letter by the attorneys general of Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming.

This story was originally published September 18, 2021 at 2:55 PM with the headline "Yost joins AGs’ letter threatening mandate litigation."