November 7th, 2021- 11 states file a lawsuit in the 8th Circuit Court of Appeals, alleging that the federal vaccine mandate oversteps state police power. Filed Friday, the petition was filed the same day that OSHA published it’s extensive 140+ page set of rules in the Federal Register. These rules are intended to regulate Covid vaccination and testing.
Citing case law Jacobson v. Massachusetts, 197 U.S. 11, 38 (1905), has been used countless times to justify vaccine mandates in response to Covid-19. This suit is using this same case law to restrict the federal government. Stating that the ability to mandate vaccines is reserved by the states police power. Which is preserved in the 10th amendment of the US Constitution.
The suit is filled by the States of Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, and Wyoming. Additionally a few non-profits are part of the petition as well.
This suit was filled the same day as a similar petition in Texas, which was granted a Stay order on Saturday. Halting the vaccination and testing guidelines set to take effect January 6th.
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