Texas Values, along with leaders and representatives from 29 other states, is leading a coalition of state family policy council organizations from across the country in opposing the illegal Biden employee vaccine mandate by filing a legal amicus brief with the U.S. Supreme Court in the case of N.F.I.B. v. D.O.L, U.S., No. 21A244. The Supreme Court is scheduled to hear oral arguments in court on this fast-tracked case at the end of this week, Friday, January 7th.
Jonathan Saenz, Attorney & President for Texas Values released the following statement:
“Biden’s ‘no jab, no job’ forced vaccine mandate policy by unelected bureaucrats is grossly unlawful, and a sick attack on constitutional freedoms that must be opposed every step of the way. Texas Values is honored to be joined by thirty (30) other state family policy organizations and leaders in a religious freedom Supreme Court legal brief that highlights the threat to our first and most precious freedoms that are at risk with such a dangerous and rushed rule that sidesteps Congress and the role of the American people. It’s a new year and new day where Americans are ready to stand united against this agenda of fear and take our country back!”
The case, brought by a union of states and business industry groups, challenges the Occupational Safety and Health Administration’s (OSHA) nationwide vaccine-or-testing rule for U.S. businesses with 100 or more employees. In addition to Texas Values, 30 family policy organizations (representing entities from 29 other states) signed on to the legal brief as amici curiae including: Nebraska Family Alliance, Cornerstone Policy Research of New Hampshire, Kansas Family Voice, Indiana Family Institute, Palmetto Family Council (South Carolina), Family Policy Institute of Washington, Center for Christin Virtue of Ohio, Montana Family Foundation, The Family Foundation of Virginia, Idaho Family Policy Center, Florida Family Policy Council, New Yorkers for Constitutional Freedoms, Family Policy Alliance of New Jersey, Delaware Family Policy Council, North Dakota Family Alliance, Christian Civic League of Maine, Family Institute of Connecticut, Wisconsin Family Action, The Family Foundation (Kentucky), California Family Council, Massachusetts Family Institute, Michigan Family Forum, Louisiana Family Forum, Frontline Policy Council (Georgia), Minnesota Family Council, Family Policy Alliance of New Mexico, Pennsylvania Family Council, The Family Leader of Iowa, North Carolina Family Policy Council, and Family Policy Alliance.
The legal amicus brief filed at the U. S. Supreme Court can be found here.
The brief explains that “unelected and unaccountable administrative agencies” tend to be hostile to religious freedom by treating it as “an afterthought, an inconvenience that stands in the way of their desired policy.” Religious liberty is “a vital and enduring thread in the nation’s fabric.” Further, OSHA’s rulemaking circumvents the normal process for lawmaking through state legislatures – and the states have a much better track record for safeguarding religious liberty.
For religious employers in particular, the brief states, OSHA’s rule amounts to “indirect coercion [that] contradicts fundamental religious autonomy principles.” Texas Governor Greg Abbott took a stand against vaccine mandates earlier this year, issuing an executive order banning any entity in Texas from mandating a Covid-19 vaccine for employees or customers. Attorney General Ken Paxton’s office has consistently brought suits against school districts and other entities that have unlawfully imposed mandates in opposition to Gov. Abbott’s order.
