‘Abuse of power’: Texas AG sues Biden admin over vaccine mandate

President Joe Biden’s administration is abusing its power by mandating that large companies require their employees be either vaccinated against COVID-19 or tested every week, says Texas Attorney General Ken Paxton.

Now, the Republican has filed a lawsuit against the Biden administration in an attempt to have the mandate be struck down.

According to a White House fact sheet, companies with 100 or more employees have until Jan. 4 “to ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis.”

The White House claims it has the power to impose such a mandate.

“As for the legal side of this, let me be crystal clear to avoid what appears to be possible misinformation or disinformation around the emergency temporary standard being a vaccine mandate: That would be, on its face, incorrect,” White House principal deputy press secretary Karine Jean-Pierre said at Friday’s press briefing. “As has been explicit for months, it is a standard for a safe workplace to either comply with weekly testing or to be vaccinated.”

Paxton disagrees.

“The Biden Administration’s new vaccine mandate on private businesses is a breathtaking abuse of federal power,” he said in a statement Friday announcing the lawsuit, filed in the U.S. Court of Appeals for the Fifth Circuit, against the Biden administration.

The Labor Department’s Occupational Safety and Health Administration “has only limited power and specific responsibilities. This latest move goes way outside those bounds,” he added. “This ‘standard’ is flatly unconstitutional. Bottom line: Biden’s new mandate is bad policy and bad law, and I’m asking the Court to strike it down.”

Paxton expanded on these sentiments to Fox News, noting that the mandate will be “horrible for the American people and horrible for American business.”

He also pointed out a bit of irony when it comes to Biden’s stance on vaccines and testing for Americans citizens vs. his allowances for illegal immigrants.

“It’s a little ironic that the Biden administration is letting illegal immigrants into this country without testing them for COVID,” Paxton said. “Doesn’t even bother to vaccinate them or test them. I think that’s because they don’t want to know if they have COVID even know they know a lot of them do.”

“And yet, they’re willing to punish Americans in a very harsh and horrible way by taking their jobs from them but if you come here illegally the federal government says we aren’t going to follow federal law to protect American citizens we’re going to let you come into the country and spread COVID as much as you want.”

On Saturday, the U.S. Court of Appeals for the Fifth Circuit issued a stay that blocks the mandate from going into effect, for now, Reuters reported.

“Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate. WE WON. Just this morning, citing ‘grave statutory and constitutional issues,’ the 5th Circuit stayed the mandate,” Paxton tweeted.

“The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!”