Sullivan, GOP Senators Officially File Challenge to Biden’s Vaccine Mandate for Businesses

WASHINGTON—Today, the formal challenge against President Biden’s vaccine mandate under the Congressional Review Act has been filed by all 50 Republican senators: Dan Sullivan, Mike Braun, Republican Leader Mitch McConnell, Bill Hagerty, Roger Marshall, Mike Lee, James Lankford, Rick Scott, Marsha Blackburn, Rand Paul, Cynthia Lummis, Shelley Moore Capito, Marco Rubio, John Barrasso, Cindy Hyde-Smith, John Thune, Jerry Moran, Roger Wicker, Richard Burr, Mike Rounds, John Hoeven, Pat Toomey, Tommy Tuberville, James Risch, Mike Crapo, Ted Cruz, Tom Cotton, Joni Ernst, Kevin Cramer, Josh Hawley, John Boozman, Jim Inhofe, Chuck Grassley, Todd Young, John Kennedy, Ron Johnson, Ben Sasse, Steve Daines, Deb Fischer, Lindsey Graham, Thom Tillis, John Cornyn, Tim Scott, Bill Cassidy, Roy Blunt, Richard Shelby, Rob Portman, Susan Collins, Lisa Murkowski, and Mitt Romney. 

Congressman Fred Keller (R-Penn.) and other members in the U.S. House of Representatives introduced the same bill. 

The Congressional Review Act provides an expedited process for Congress to eliminate an executive branch rule. This move to overturn President Biden’s vaccine or test mandate for private employers is guaranteed a vote on the Senate floor. The rule was transmitted to the Senate on November 16th, setting up a floor vote as soon as early December.

“I’ve been co-leading the effort with Senator Braun to ensure appropriate congressional review of President Biden’s overreach in implementing this unconstitutional mandate on private employees before it goes into effect. No employee of a private business should ever be forced to choose between getting vaccinated or putting food on the table for their families because of an unconstitutional mandate,” Sen. Sullivan said. “In 2020, Congress and the President worked in a bipartisan way on an agreement that we would provide relief to American businesses on the condition they keep their employees. Now, Joe Biden is taking a sledgehammer to that employer-employee connection. Firing hard-working Americans who have made the personal choice not to get vaccinated not only undermines the significant work Congress and the Trump administration did to save millions of jobs during the pandemic, it also exacerbates the workforce shortages employers are already facing. This is just wrong. We all want to put this pandemic behind us for the benefit of our health, our families, and our economy, but we cannot lose sight of the massive, negative impacts that this unconstitutional mandate will have on hard-working Americans and their families.”


  • On September 8th, President Joe Biden announced vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors.
  • To implement this mandate, the Occupational Safety & Health Administration (OSHA) issued an Emergency Temporary Standard (ETS). Employers that fail to comply will be fined $13,653 for each offense and willful violations will result in a $136,532 penalty. This rule places unrealistic compliance burdens on employers—especially during a time where business and supply chains are already under duress. For example, 30 days after publication, all requirements other than testing for employees must be in place. In addition, 60 days after publication, all testing requirements must be in place.
  • The Congressional Review Act (CRA) can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.

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