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Photo: Arizona Attorney General Mark Brnovich, during his wife’s confirmation hearing to be U.S. District Judge for the District of Arizona, in Washington, D.C., on Wednesday, May 9, 2018.

Eleven states joined in a lawsuit Friday challenging the Biden administration’s vaccine mandate on private employers with more than 100 employees.

The states—which include Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, New Hampshire, and Wyoming—as well as a group of employers, filed the suit in the U.S. Court of Appeals for the Eighth Circuit, challenging the Emergency Temporary Standard issued by the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor on Friday.

On July 23, the White House said that mandating vaccination is “not the role of the federal government,” but shifted its take on September 9 when Biden announced several sweeping Covid-19–related mandates. Two months later, OSHA published the emergency mandate, which requires private employers with 100 or more employees to require their employees get vaccinated or implement weekly testing and mask requirements. Noncompliant businesses could face hefty fines.


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