Senate Republicans will formally reject, canceling the Biden vaccine mandate on private employees

EXCLUSIVE: More than three dozen Republicans in the Senate are moving to formally reject and cancel President Biden’s vaccine mandate on private employees Wednesday under the Congressional Review Act – the official process for Congress to eliminate a rule of executive power.

Senator Mike Braun of Indiana on Wednesday led 41 Republican senators to “knock down” Biden’s rule, which gives employees – in private companies with 100 workers or more – a mandate to receive COVID-19 vaccines.

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Republicans blew up the mandate Biden introduced in September and the forthcoming formal rule from the Occupational Safety and Health Administration (OSHA), which is expected to be released in the coming days – calling it “unacceptable” and an order that “justifies revision of Congress. “

Senator Mike Braun, a Republican from Indiana, will speak at a news conference on Capitol Hill in Washington, DC, USA, on Thursday, June 10, 2021.

Senator Mike Braun, a Republican from Indiana, will speak at a news conference on Capitol Hill in Washington, DC, USA, on Thursday, June 10, 2021.
(Al Drago / Bloomberg via Getty Images)

Braun is joined by Sens. Dan Sullivan, Bill Hagerty, Roger Marshall, Mike Lee, James Lankford, Rick Scott, Marsha Blackburn, Rand Paul, Cynthia Lummis, Shelley Moore Capito, Marco Rubio, John Barrasso, Cindy Hyde-Smith, John Thune, Jerry Moran, Roger Wicker , Richard Burr, Mike Rounds, John Hoeven, Pat Toomey, Tommy Tuberville, James Risch, Mike Crapo, Ted Cruz, Tom Cotton, Joni Ernst, Kevin Cramer, Josh Hawley, John Boozman, Jim Inhofe, Chuck Grassley, Todd Young, John Kennedy, Ron Johnson, Ben Sasse, Steve Daines, Deb Fischer, Lindsey Graham, Thom Tillis and John Cornyn.

A Republican aide told Fox News that the remaining nine GOP senators – Sens. Mitch McConnell, Richard Shelby, Susan Collins, Roy Blunt, Lisa Murkowski, Mitt Romney, Bill Cassidy, Tim Scott and Rob Portman – awaiting the formal submission of OSHA Ruler. The aide said there is no Republican opposition to the disapproval.

Braun, the top Republican in the Senate Subcommittee on Employment and Safety at Work, which has jurisdiction over OSHA, criticized the Biden administration for “heavy-handed government” and said the business world has taken the COVID-19 pandemic “seriously” from the beginning to keep employees and customers secure. “

“Now that we’re finally in some kind of equilibrium, you’ll put an ultimatum on them,” Braun, a businessman, told Fox News. “Either you get the vaccine or lose your job.”

Braun added that the mandate would be “the largest single disruption in one fell swoop” for business.

President Joe Biden delivers an update on the COVID-19 response and vaccination program at the South Court Auditorium on the White House campus on Thursday, October 14, 2021 in Washington.

President Joe Biden delivers an update on the COVID-19 response and vaccination program at the South Court Auditorium on the White House campus on Thursday, October 14, 2021 in Washington.
(AP Photo / Evan Vucci)

Braun and his 40 GOP colleagues in the Senate will formally introduce their disapproval of the mandate Wednesday morning during a press conference.

The Congressional Review Act (CRA) may be used by Congress to overturn the provisions and actions of certain federal agencies through a joint resolution of disapproval. If a CRA joint decision on denial is approved by both chambers of Congress and signed by the President, or if Congress successfully overrides a presidential veto, that rule is void.

Once OSHA has published the formal mandate in the federal registry, the rule will be transferred to the House of Representatives and Senate. At that point, a “20-day clock” begins, according to GOP aides.

During this 20-day period, the rejection will be reviewed in the Senate Health, Education, Labor and Pensions (HELP) Committee. By the end of the 20 days, the formal rejection will be eligible for a vote in the Senate – a vote that Braun will be responsible for planning.

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The Senate’s vote on the rejection, which aides say is expected to take place in December, would put all senators’ positions on the issue on the minutes. If the rejection is passed by a simple majority, it can go to the president’s desk.

“It will make them decide, ‘should I follow a crazy mandate? Or should I save my political career?'” Braun said.

Late. Josh Hawley of Missouri criticized the mandate as “an unconstitutional violation of the fundamental rights of American citizens.”

Protesters gather during a protest against the New York City COVID-19 vaccine mandate outside the Gracie Mansion in New York, USA, on Thursday, October 28, 2021.

Protesters gather during a protest against the New York City COVID-19 vaccine mandate outside the Gracie Mansion in New York, USA, on Thursday, October 28, 2021.
(Stephanie Keith / Bloomberg via Getty Images)

“More than that, it bypasses illegally established regulatory procedures,” he told Fox News. “Congress, not the president, has the power to legislate. He ignores this basic principle by forcing employers to demand that their workers be vaccinated, undergo rigorous testing procedures, or be fired.”

Hawley added: “It is wrong, will make our nation’s economic challenges worse and must not be allowed to take effect.”

“The president cannot rule by decree,” Senator Mike Lee told Fox News. “President Biden’s mandate is the most violent encroachment on American medical rights in the history of our nation, and it clearly exceeds the power of the president.”

He added: “This resolution will allow Congress to protect the American people and the Constitution.”

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Meanwhile, on the other side of the Capitol on Wednesday, the rep. Fred Keller, the top Republican on the subcommittee on labor protection, along with other GOP House lawmakers also set to formally go to reject Biden’s mandate.

Keller told Fox News that Biden “is trying to arm the federal bureaucracy to force job creators to become vaccination and test police.”

“At a time when we should do everything we can to get Americans back to working safely, this politically driven mandate will unnecessarily stifle private sector job growth across the country,” he said.

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In September, Biden announced vaccine mandates that reached 80 million private sector employees and additional mandates for federal government employees and contractors.

The mandate for private sector employees requires that they be vaccinated or produce “at least weekly” negative COVID-19 test results before coming to work. The federal employee and contractor mandate does not include the option of weekly testing instead of taking a vaccine.

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