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  • Tennessee AG Letter To President Biden

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    Adrian Mojica
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    The Tennessee Attorney General sent a letter to President Biden expressing concerns about the legality of a nationwide COVID-19 vaccination and testing requirement for private employers with 100+ employees. The AG argues that the mandate is too broad, violates federal law including the Occupational Safety and Health Act, and undermines the federalist structure giving states primary responsibility for public health decisions. The letter raises specific issues including that the risk of COVID-19 varies by job, masking may be sufficient, and the mandate fails to consider civil liberties.

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    Tennessee AG letter to President Biden

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    Tennessee AG letter to President Biden

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    The Tennessee Attorney General sent a letter to President Biden expressing concerns about the legality of a nationwide COVID-19 vaccination and testing requirement for private employers with 100+ employees. The AG argues that the mandate is too broad, violates federal law including the Occupational Safety and Health Act, and undermines the federalist structure giving states primary responsibility for public health decisions. The letter raises specific issues including that the risk of COVID-19 varies by job, masking may be sufficient, and the mandate fails to consider civil liberties.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    3K views1 page

    Tennessee AG Letter To President Biden

    Uploaded by

    Adrian Mojica
    The Tennessee Attorney General sent a letter to President Biden expressing concerns about the legality of a nationwide COVID-19 vaccination and testing requirement for private employers with 100+ employees. The AG argues that the mandate is too broad, violates federal law including the Occupational Safety and Health Act, and undermines the federalist structure giving states primary responsibility for public health decisions. The letter raises specific issues including that the risk of COVID-19 varies by job, masking may be sufficient, and the mandate fails to consider civil liberties.

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    FOR IMMEDIATE RELEASE CONTACT: Samantha Fisher

    September 16, 2021 615.741.5860


    #21-33 [email protected]

    AG SLATERY CHALLENGES LEGAL BASIS OF COVID VACCINATION/TESTING


    MANDATE

    Letter to Biden says public health decisions are better left to states, local communities

    Nashville- In a letter to President Joe Biden, Tennessee Attorney General Herbert H. Slatery III expresses
    serious concerns about the legality of a recently announced nationwide vaccination and testing requirement
    for COVID-19.

    According to the President’s plan, the Occupational Safety and Health Administration (OSHA) would
    mandate all private employers with at least 100 employees to be vaccinated for COVID-19 or produce
    weekly negative test results.

    While not available in writing yet, public statements from the Biden Administration about the mandate
    indicate an unprecedented assertion of emergency regulatory powers by a federal agency.

    “I would encourage everyone eligible, in consultation with a doctor, to get a COVID vaccination. It is one
    effective way out of this pandemic,” said General Slatery. “However, this vaccine-or-test mandate appears
    to be an unprecedented expansion of federal power and fails to consider the steps individuals, employers,
    and our state have already made.”

    In the letter, General Slatery says the proposal is too broad and likely violates federal law, including both
    the Occupational Safety and Health Act and the Constitution.

    The letter raises the following specific concerns about the proposed mandate:

    • Requires vaccination or testing regardless of the risk of COVID-19 exposure at any given job site
    and disregards what an employer and employees have done to reduce the risk.
    • Contradicts recent and repeated communication from The White House and OSHA that masking
    and other measures are sufficient.
    • Ignores that COVID-19 is not a hazard specific to the workplace.
    • Could violate the principle that Congress may not delegate its legislative authority to a federal
    agency.
    • Undermines the federalist structure of our government which gives States—not the federal
    government—primary responsibility to protect the health and safety of citizens.
    • Fails to consider religious liberty, free speech, and bodily autonomy concerns.
    ###

    P.O. Box 20207, Nashville, Tennessee 37202 www.tn.gov/attorneygeneral

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