ACLJ Files Emergency Stay at U.S. Supreme Court After Federal Appeals Court Reinstates Biden’s Unconstitutional Vaccine Mandate


Jordan Sekulow

December 20, 2021

3 min read

Executive Power



We just took emergency action at the U.S. Supreme Court to fight back against the Biden Administration’s vaccine mandate after a federal appeals court reinstated the President’s lawless overreach.

We told you that the ACLJ is representing The Heritage Foundation in a new lawsuit challenging President Biden’s vaccine mandate for all employers with 100 or more employees, regardless of whether they work remotely. The Biden mandate also directs larger businesses to require employees to receive the COVID-19 vaccine or undergo regular testing and mask-wearing.

The mandate has been promulgated by the Biden Administration’s Occupational Safety and Health Administration (OSHA). After OSHA issued this mandate, the Fifth Circuit Court of Appeal temporarily blocked it. However, all legal challenges were then consolidated in the Sixth Circuit Court of Appeals.

On Friday, Dec. 17th, the Sixth Circuit reinstated President Biden’s vaccine mandate:

A federal appeals court on Friday reinstated the Biden administration's vaccine-or-test mandate for businesses with at least 100 employees, a measure that impacts tens of millions of workers across the country.

The decision from the U.S. Court of Appeals for the 6th Circuit comes after the Biden administration asked the Cincinnati-based court in late November to reinstate its workplace vaccine mandate that was blocked by a court order.

In response, our legal team immediately filed an Emergency Application for Stay of Agency Action Pending Judicial Review and Petition for a Writ of Certiorari Before Judgment on behalf of The Heritage Foundation to defeat this unconstitutional mandate.

Not only is this mandate unconstitutional, it could actually put more employees at risk for exposure to COVID-19 and its variants, as it requires regular testing, administered by a designated employee, requiring that person to come into close proximity with the employee who may or may not test positive. Not to mention the added financial burden it is to these employers, many of which barely survived the pandemic and enforced lockdowns that ensued during 2020.

As stated in our emergency filing:

If upheld, the vaccine mandate will fundamentally change the relationship between employer and employee by forcing employers to compel and regulate the personal medical decisions of their employees. The vaccine mandate will also impose significant financial and other burdens on private employers and result in predictable economic chaos.

Now the case could be decided by the Supreme Court. The Supreme Court has just ordered the Biden Administration to respond to our and other applications for an emergency stay by December 30th. We will continue to fight to have this draconian mandate struck down once and for all. As The Heritage Foundation President Kevin Roberts stated: “The American people should be able to make their own personal medical decisions without the federal government forcing their employers to punish them or collect their private information.”

At the ACLJ, we’ve been fighting and defeating these types of egregious power grabs – from the abortion-pill mandate to the IRS targeting and the ban on singing in church. We will not let up on this latest overreach by the Biden Administration. Our legal team will be vigilantly monitoring every development in this case and be prepared to respond immediately.

We will continue to keep you informed as the case continues to develop.