The Buckeye Institute Wins Vaccine Mandate Case

Jan 25, 2022

Columbus, OH – The Buckeye Institute has won its case—Phillips v. OSHA—challenging the Occupational Safety and Health Administration’s (OSHA) vaccine mandate with the Biden Administration conceding that Buckeye’s clients were ultimately likely to prevail in their legal challenge of the vaccine mandate. The Biden Administration is not fighting the case any further, and—accordingly—entirely withdrew its emergency temporary standard rule.

“The U.S. Supreme Court was perfectly clear that the Biden Administration’s vaccine mandate exceeds OSHA’s authority, and our clients have won their rightful victory and prevailed in this important case while the Biden Administration finally admitted defeat,” said Robert Alt, president and chief executive officer of The Buckeye Institute and a lead attorney representing Phillips Manufacturing & Tower Company and Sixarp LLC against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate. “This case was a David taking out Goliath victory, and the whole nation should celebrate along with these incredibly principled Midwestern companies who stood up and publicly took on the giant federal government and won. If the Biden Administration does insist on any further attempt at implementing this unlawful mandate through other means including, for example, usual notice-and-comment rulemaking, The Buckeye Institute will of course look forward to seeing them in court (again).”

The Buckeye Institute and its clients—Phillips Manufacturing & Tower Company and Sixarp LLC—challenged the Biden Administration’s transparent attempt to work around statutory and constitutional limitations on federal power to impose a vaccine requirement on individuals by demonstrating that OSHA’s vaccine mandate:

  • Exceeded OSHA’s authority under the Occupational Safety and Health Act;
  • Violated the major questions doctrine;
  • Violated the Congressional Review Act; and 
  • Trammeled on numerous constitutional principles including the non-delegation doctrine and limitations on federal power under the Commerce Clause.

The Buckeye Institute was the first to complete filing with the U.S. Supreme Court requesting an emergency stay of the Biden Administration’s vaccine mandate—Buckeye filed its hard copy materials less than an hour after the U.S. Court of Appeals for the Sixth Circuit’s decision came down granting the government’s request to dissolve the existing administrative stay.

Buckeye’s co-counsel in the case are Patrick Strawbridge, Jeffrey M. Harris, and Daniel Shapiro at Consovoy McCarthy PLLC.

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