Alabama company sues over Biden mandate on vaccines ‘produced in connection with aborted fetal cell lines’
An Alabama-based conservative legal organization has filed suit in the U.S. Eleventh Circuit Court of Appeals over the Biden Administration’s COVID-19 vaccine mandate on behalf of a Oxford construction company.
The Birmingham-based Alabama Center for Law and Liberty filed suit Monday for FabArc Steel Supply of Oxford, naming the U.S. Department of Labor, the Occupational Safety and Health Administration, Secretary of Labor Marty Walsh and Assistant Secretary of Labor Douglas Parker as defendants.
The Biden administration announced last week vaccine rules applying to private businesses with 100 or more employees and others would take effect next year. The rule was immediately challenged in court with a federal appeals court granting an emergency stay.
The suit contends that the vaccine mandate exceeds OSHA and the Labor Department’s authority, the authority of the federal government to regulate commerce, violates the First Amendment’s Freedom of Religion clause, and the Religious Freedom Restoration Act of 1993.
FabArc employs more than 100 employees. President Tony Pugh said he is a Christian who has religious convictions against forcing people to take vaccines “produced in connection with aborted fetal cell lines.”
The COVID-19 vaccines used fetal cell lines - cells grown in a laboratory descended from cells taken in abortions in the 1970s and 80s - for research, development and testing, according to Nebraska Medicine. None of the vaccines use fetal cells as ingredients.
Matt Clark, president of the Alabama Center for Law and Liberty, said the suit is “about more than just fighting a bad emergency rule.”
“It’s about federalism, free markets, religious liberty, and the individual freedom to control one’s own healthcare decisions,” Clark said. “This ETS is the most sweeping that OSHA has ever issued, but it has given us a chance to fight for first principles. We are grateful for our clients’ stand, and we look forward to representing them in this suit.”
Clark struck an optimistic note on the suit’s chances.
“In its entire history, OSHA has issued only nine other emergency temporary standards,” he said. “Of those, six have been challenged in court, and the courts have struck down five. This will be number six.”
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