Biden Admin. Sued by 11 Supply Chain Trade Groups Opposing Employer-Based Vaccine Mandate

Craig Bannister | November 10, 2021 | 4:48pm EST
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Pres. Joe Biden
(Getty Images/Jim Watson)

This week, 11 supply chain trade groups joined forces against President Joe Biden’s employer-based COVID-19 vaccine mandate, filing a lawsuit with the U.S. Court of Appeals for the Fifth Circuit.

The lawsuit is filed on behalf the following petitioners:

  • American Trucking Associations
  • Mississippi Trucking Association,
  • Texas Trucking Association,
  • Louisiana Motor Transport Association,
  • American Trucking Associations,
  • National Association of Wholesale-Distributors,
  • FMI – The Food Industry Association,
  • International Warehouse & Logistics Association,
  • National Association of Convenience Stores,
  • International Foodservices Distributors Association,
  • National Retail Federation.

“We believe that the Biden Administration has overstepped its statutory authority in issuing this Emergency Temporary Standard” (ETS), American Trucking Associations (ATA) President and CEO Chris Spear said in a statement, noting that the Biden Administration has ignored ATA’s previous warnings about the “devastating impacts” the mandate would inflict on the nation’s supply chain and economy:

“This standard arbitrarily picks winners and losers, and puts employers in an untenable position of forcing workers to choose between working and their private medical decisions, which is something that cannot be allowed.

“We told the administration that this mandate, given the nature of our industry and makeup of our workforce, could have devastating impacts on the supply chain and the economy and they have, unfortunately, chosen to move forward despite those warnings.”

“A stay pending full review is essential to ensure our members can continue to keep the supply chain moving without the enormous disruptions this unlawful ETS will cause the trucking industry and our nation’s consumers – including the 80% percent of American communities that depend exclusively on trucks for their needs,” ATA Vice President of Workforce Policy Nicholas Geale added.

The National Federation of Independent Businesses (NFIB) has also previously opposed the rule and sent a letter to Secretary of Labor Marty Walsh regarding small business concerns.

“The small business economy is fragile, and owners continue to manage several business challenges regarding staffing and supply chain disruptions,” NFIB Executive Director of NFIB’s Small Business Legal Center Karen Harned said in a statement released Tuesday, warning that the mandate’s implementation would subject small business owners to “enormous financial loss”:

“This mandate only increases those challenges and threatens to cause an enormous financial loss. Ultimately, the mandate restricts the freedom small business owners depend on to run their businesses and is a clear example of administrative overreach.”

NFIB argues the mandate will result in unrecoverable compliance costs, lost profits, lost sales, and further exacerbate the labor shortage for small businesses.

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