WASHINGTON, DC – Today, America First Legal (AFL) sued the Biden Administration on behalf of a courageous federal employee who is being threatened with termination for “misconduct,” simply because she has refused to submit herself to Biden’s unlawful and unconstitutional federal employee vaccine mandate. Representing a dedicated career civil servant, an Assistant United States Attorney at the Department of Justice who spent her entire career investigating and prosecuting organized crime and drug cases, AFL filed this lawsuit because no law authorizes such a sweeping intrusion into the lives and medical decisions of Americans. Nor does any sitting President hold the power to enforce such unconstitutional orders.
AFL has been at the forefront of challenges to the Biden Administration’s unconstitutional power grabs. We previously filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of another federal employee bringing similar claims, and we have asked the Court to grant summary judgment to our client in that case. AFL has also litigated against the Biden Administration’s unlawful OSHA mandate, which mandated vaccine or testing requirements for private employers with over 100 employees, including before the Fifth Circuit, the Sixth Circuit, and the Supreme Court of the United States.
As long as the Biden Administration continues to abuse Executive power by violating the rights and liberties of Americans, America First Legal will continue the fight to hold the Biden Administration accountable for their unconstitutional executive overreach.
Statement from America First Legal Vice-President and General Counsel Gene Hamilton:
“This Administration is so blinded by power and infatuated with COVID vaccines that it is willing to penalize federal employees everywhere for refusing to comply with unlawful orders. But this case is not about federal employment law, nor is it about individual voluntary decisions about whether to receive the vaccine. This case is about presidential authority and the separation of powers. No matter how much President Biden might want the power to require federal employees to receive the COVID-19 vaccine, no law gives him such authority. And if we remain a nation of laws—one where the President possesses only those powers expressly granted by the Constitution or provided by a duly enacted law passed by Congress—the federal employee vaccine mandate cannot stand,” Gene Hamilton said.
Read the Complaint here.
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