SC Attorney General files appeal on OSHA vaccine mandate ruling with Supreme Court

Published: Dec. 18, 2021 at 10:25 AM EST
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COLUMBIA, S.C. (WMBF) - South Carolina Attorney General Alan Wilson is among the names filing an appeal to the Supreme Court over a COVID-19 vaccine mandate for large private employers.

Wilson’s office announced the appeal early Saturday morning, hours after a federal appeals court ruled President Biden’s mandate, which would affect private employers with at least 100 workers, can take effect.

In an earlier statement Friday night after the appeals court’s ruling, Wilson vowed to take the legal battle to the nation’s highest court.

“The fight against the Biden mandate continues, even to filing for a stay in the early hours of this morning. The rule of law will prevail and the President’s grasp for power halted,” Wilson said.

Wilson’s office also said he, 26 other states and “a long list of companies and organizations” filed the appeal just before 1 a.m. Saturday.

The filing argues that “this case does not present the question whether vaccines or vaccine mandates are wise or desirable. Instead, it presents the narrow questions whether OSHA had authority to issue the mandate, and whether it lawfully exercised whatever authority it had. After all, ‘our system does not permit agencies to act unlawfully,’ even during a pandemic and ‘even in pursuit of desirable ends.’”

The mandate was originally scheduled to take effect Jan. 4, but OSHA said Saturday that it would not issue citations related to the requirement until Jan. 10.

Per a report from the Associated Press, the agency also said there would be no citations for companies regarding testing requirements before Feb. 9.

You can read the appeal in its entirety below:

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