Louisiana Business Owner Challenges Biden Vaccine Mandate in Court
A Louisiana business owner is suing the Biden administration over its COVID-19 vaccine mandate for companies with 100 or more employees, saying the mandate is “wrong” and that he “won’t stand for it.”
Brandon Trosclair employs hundreds of workers across 15 grocery stores in Louisiana and Mississippi. The vaccine mandate would require him to fire workers who fail to take the vaccine.
“Over the past 20 months, my employees have showed up to work and served their communities in the face of COVID and hurricanes,” Trosclair said in a statement. “Now I’m being told by the government to insert myself into their private health decisions? That’s wrong and I won’t stand for it.”
The lawsuit (pdf) was filed with assistance from the Liberty Justice Center on Nov. 5 in the U.S. Court of Appeals for the 5th Circuit in New Orleans.
“The Biden Administration’s vaccine mandate represents the greatest government overreach of our generation and we are elated that the court recognizes the ‘grave danger’ it poses not only to our clients, but all Americans,” Patrick Hughes, president and co-founder of the Liberty Justice Center, said in a statement.
“We look forward to having our day in court to fight this unconstitutional edict.”
Sarah Harbison, general counsel at the Pelican Institute for Public Policy, said she was confident in presenting the case before the court.
“I am confident that the courts will see this mandate for what it truly is: an attempt to make laws while bypassing Congress,” she said.
Both Trosclair and the Liberty Justice Center argue that the vaccine mandate is both wrong and illegal.
“I am faced with an incomprehensible choice imposed upon me by the federal government: force these workers, whose dedication and skills have fueled my business’s success, to take the COVID vaccine—or show them the door,” Trosclair said.
President Joe Biden announced plans for the employer vaccine mandate in September. The president officially issued the rule through the Labor Department on Nov. 4.
“Today, the Labor Department issued its rule requiring COVID-19 vaccinations for companies with 100 or more employees, and HHS [the Department of Health and Human Services] released its rule to ensure that health care workers are vaccinated,” Biden said during the announcement.
“Together, they will cover about 100 million Americans and help us beat COVID-19.”