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Lawsuits & Litigation

Trucking, Retail, and Business Lobbyists Sue Biden Admin Over Vaccine, Testing Mandate

— November 12, 2021

One group said they were concerned a public health mandate could interfere in the retail industry’s holiday profits.

A coalition of trucking, retail, and independent business lobbyists have filed a lawsuit against the Biden administration’s vaccine and testing requirements for private companies, saying they will cause “irreparable harm” to American commerce.

According to CNBC, the complaint was filed by the National Retail Federation, the National Federation of Independent Business, and the American Trucking Association.

Collectively, the groups told the U.S. Circuit Court of Appeals for the 5th Circuit that businesses will lose employees, incur “unrecoverable compliance costs,” and suffer enhanced fallout from “already fragile supply chains and labor markets.”

“This is not a case about the efficacy of COVID-19 vaccines, which are a marvel of modern medicine. … This is a case about American businesses that do not want to face the immediate irreparable harm of losing employees, incurring substantial and unrecoverable compliance costs, and worsening already fragile supply chains and labor markets,” the lawsuits state.

Image via Jochenpippir/Pixabay. Public domain.

Chris Spear, president of the American Trucking Association, said that, in spite of his organization’s warnings, the administration has “unfortunately, chosen to move forward despite those warnings.”

“So we are now, regrettably, forced to seek to have this mandate overturned in court,” Spear said.

Somewhat ironically, U.S. Labor Secretary Marty Walsh had already said most truckers will be exempt from the mandates, because they spend most of their time working alone.

Meanwhile, National Retail Federation President Matthew Shay said retail businesses are concerned about the company because they are afraid a public safety measure could hurt their bottom line over the holidays.

Shay’s organization, says CNBC, had already written to the Biden administration asking for the implementation deadline to be pushed back until after January.

“We have consistently and repeatedly communicated our concerns about the practical challenges of meeting those arbitrary targets,” Shay said on Tuesday. “However, it appears that our only remaining course of action is to petition for judicial relief.”

The lawsuit was filed in the 5th Circuit Court of Appeals, among the most conservative in the United States.

As reported earlier this week, the 5th Circuit has already issued a temporary injunction against the testing and vaccine requirements, saying legal challenges filed by state attorneys general “give cause to believe that there are grave statutory and constitutional issues with the Mandate.”

The White House, though, has told businesses to prepare for the requirement and ensure they are complaint when and if it comes into effect.

“People should not wait,” White House Deputy Press Secretary Karine Jean-Pierre said on Monday. “They should continue to move forward and make sure they’re getting their workplace vaccinated.”


Business groups sue to block Biden vaccine-or-test mandate

Retail and trucking trade groups sue Biden administration to overturn vaccine mandate

Retail, trucking groups sue Biden administration over vaccine mandate

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