Chip Roy, Mike Johnson, and Ted Cruz Lead Second Amicus Brief Fighting Vaccine Mandate for Federal Workers

On Wednesday Representative Mike Johnson (LA-4), Senator Ted Cruz (TX-R) and I, joined by the First Liberty Institute, led 54 other Republican Members of Congress in submitting a second amicus brief to the U.S. Court of Appeals for the Fifth Circuit in Feds for Medical Freedom v. Biden.

The brief backs up Feds for Medical Freedom as they continue to fight President Biden’s unconstitutional COVID-19 vaccine mandate for the entire federal workforce.

The Amicus Brief asserts, “In this case, the President of the United States claims the awesome—and heretofore unasserted—power to unilaterally compel a broad swath of American workers to undergo a medical procedure. No federal statute confers this claimed authority on the President. To the contrary, Congress has denied it.”

It concludes: "If the President believes that a large swath of the American workforce should be ordered to undergo vaccination or lose their jobs, he should ask Congress to enact his policy goals into law. Perhaps because he knows the People’s representatives in Congress do not share his view, the President has chosen a different path—a statute clothed as an executive order. But our Constitution places the President under the law, not above it."

“Biden's federal COVID vaccine mandates are tyrannical, unconstitutional and have no place in America. They are nothing but a failing political push from a failed President in brazen defiance of science, fact, and our natural rights,” I said. "Therefore, I am honored to join my friends, Senator Ted Cruz, Congressman Mike Johnson, and the patriots at the First Liberty Institute in filing this amicus curiae brief in the Fifth Circuit to support the legal fight to Biden’s COVID-19 vaccine mandates for federal workers and contractors. Meanwhile, the American people are rightfully fed up with this; while the courts continue to work through this legal challenge, Congress should vote against any funding for these mandates.”

“The American people have had enough of Biden’s unconstitutional mandates that trample on our rights,” Sen. Ted Cruz said. “Today, we’re sending a clear message to everyone suffering under Biden – from our military service members, to federal employees, to nurses and hospital staff: the days of these tyrannical mandates are numbered.”

“The Biden Administration’s vaccine mandate for federal contractors is unconstitutional and risks discouraging qualified persons from partnering with our federal government,” said Rep. Mike Johnson of Louisiana. “Every time President Biden’s unconstitutional mandates are scrutinized by the courts, they fail. We urge the Court to defend the First Amendment rights of federal government contractors in this case as well. To the health care workers, first responders, servicemembers, contractors and every hardworking American affected by President Biden's unconstitutional policies: We won't stop fighting for you.”

Signers of the friend-of-the-court brief also include Republican Representatives Rick Allen (GA-12), Jodey Arrington (TX-19), Jim Banks (IN-03), Jack Bergman (MI-01), Andy Biggs (AZ-5), Dan Bishop (NC-09), Lauren Boebert (CO-3), Mo Brooks, Ted Budd (NC-13), Michael C. Burgess (TX-26), Madison Cawthorn (NC-11), Andrew Clyde (GA-09), Warren Davidson (OH-08), Rodney Davis (IL-13), Jeff Duncan (SC-3), Matt Gaetz (FL-1), Louie Gohmert (TX-1), Lance Gooden (TX-05), Mark Green (TN-7), Marjorie Taylor Greene (GA-14), Michael Guest (MS-3), Andy Harris (MD-1), Vicky Hartzler (MO-4), Kevin Hern (OK-1), Clay Higgins (LA-3), Bill Huizenga (MI-2), Doug Lamborn (CO-5), David McKinley (WV-1), Mary Miller (IL-15), John R. Moolenaar (MI-04), Alex Mooney (WV-2), Ralph Norman (SC-5), Scott Perry (PA-10), Bill Posey (FL-8), Pete Sessions (TX-17), Cathy McMorris Rodgers (WA-5), David Rouzer (NC-7), Mike Simpson (ID-2), Adrian Smith (NE-3), Jason Smith (MO-8), Elise Stefanik (NY-21), Tim Walberg (MI-7), Randy K Weber (TX-14), and Senators Marsha Blackburn (TN-R), Mike Braun (IN-R), Kevin Cramer (ND-R), Steve Daines (MT-R), Bill Hagerty (TN-R), John Hoeven (ND-R), James Inhofe (OK-R), Ron Johnson (WI-R), James Lankford (OK-R), Mike Lee (UT-R), Roger Marshall (KS-R), Rick Scott (FL-R), Dan Sullivan (AK-R), John Thune (SD-R), and Roger Wicker (MS-R).

The full text of the amicus brief may be viewed here.


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