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Legal challenges to Biden’s vaccine mandate could end at Supreme Court

The controversial vaccine mandate has sparked major pushback and talks of legal challenges, likely setting up a tense court battle that could go all the way to the nation's nine justices.

Updated: September 11, 2021 - 12:08am

President Joe Biden’s controversial vaccine mandate has sparked major pushback and talks of legal challenges, likely setting up a tense court battle that could go all the way to the U.S. Supreme Court.

Biden announced the new mandates in a speech Thursday, saying his executive changes will affect 100 million Americans. Notably, his new rules would require all federal employees to get the vaccine and require that any employers with 100 or more employees ensure their employees are vaccinated.

Soon after Biden’s announcement, threats of legal challenges emerged.

The Republican National Committee said as soon as the rule becomes official, they will sue the Biden administration.

“Joe Biden told Americans when he was elected that he would not impose vaccine mandates,” RNC Chair Ronna McDaniel said. “He lied. Now small businesses, workers, and families across the country will pay the price. Like many Americans, I am pro-vaccine and anti-mandate. Many small businesses and workers do not have the money or legal resources to fight Biden’s unconstitutional actions and authoritarian decrees, but when his decree goes into effect, the RNC will sue the administration to protect Americans and their liberties.”

Opponents of the ruling point out Biden pledged in December of last year he would not enact a vaccine mandate. U.S. Centers for Disease Control Director (CDC) Rochelle Walensky made a similar promise earlier this year.

"To clarify: There will be no nationwide mandate,” Walensky said in July.

White House Press Secretary Jen Psaki said the mandate was “not the role of the federal government,” and House Speaker Nancy Pelosi, D-Calif., also said a mandate was not doable.

These arguments will likely be echoed by legal challengers.

McDaniel points out that her group represents countless businesses that don’t have the resources to stand up in this fight.

“Many small businesses and workers do not have the money or legal resources to fight Biden’s unconstitutional actions and authoritarian decrees,” McDaniel said. “That is why when his decree goes into effect, the RNC will sue the administration to protect Americans and their liberties.”

Arizona Gov. Doug Ducey said the decision will be overturned in court, calling it “big government overreach.”

“This is exactly the kind of big government overreach we have tried so hard to prevent in Arizona,” he said. “Now the Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way. This will never stand up in court.”

He pledged to be a part of the “push back.”

“This dictatorial approach is wrong, un-American and will do far more harm than good. How many workers will be displaced?” Ducey said. “How many kids kept out of classrooms? How many businesses fined? The vaccine is and should be a choice. We must and will push back.”

Some businesses have already made clear they will defy Biden’s rules.

“The Daily Wire has well over 100 employees,” said Jeremy Boreing, a co-founder of the right-leaning news outlet. “We will not enforce Joe Biden's unconstitutional and tyrannical vaccine mandate. We will use every tool at our disposal, including legal action, to resist this overreach.”