KANSAS AND MISSOURI ATTORNEYS GENERAL

TOPEKA, KS (KCTV) -- On Thursday, Kansas Attorney General Derek Schmidt and Missouri Attorney General Eric Schmitt sent a letter to President Joe Biden, saying he must drop the proposed vaccine mandate or face legal action over it. 

Schmidt and Schmitt, along with 22 other state attorneys general, sent the letter to the president. It warns that litigation will occur if the administration goes ahead with "its announced plans to mandate many private sector employees to either get a COVID-19 vaccine, submit to weekly testing or be fired."

The attorneys general wrote: 

“Congress has not clearly granted you the authority to impose your sweeping vaccine mandate, which would have enormous social, economic, and political consequences. Millions of Americans are threatened with losing their jobs and the benefits that come with them, including life and health insurance and retirement benefits. Your threat carries with it the threat of people losing their homes and shifting the financial obligation of supporting currently independent and employed individuals to public support systems. Worse still, if your expansive reading of the law succeeds, the American people can expect further abuses, as it is hard to imagine any requirement that the law would not allow. You are clearly acting beyond the scope of the statute, and you will fail in court.”

A release from AG Schmidt's office about the letter stated: "[F]ederal courts have been skeptical of the use of OSHA emergency temporary standards because of concern about federalism and the separation of powers. Schmidt and the others raise concerns about the expansion of a federal regulatory agency and public perception of the order’s constitutionality."

“The risks of COVID-19 spread also vary widely depending on the nature of the business in question, many of which can have their employees, for example, work remotely,” the attorneys general wrote. “The one-size-fits-almost-all approach you have decreed makes clear you intend to use the OSHA statute as a pretext to impose an unprecedented, controversial public health measure on a nationwide basis that only incidentally concerns the workplace.”

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