Braun Leading Futile Challenge to Federal COVID-19 Vaccine Directive

Nov. 4, 2021

Nov. 4—U.S. Sen. Mike Braun, R- Ind., is leading what almost certainly will be a futile effort to halt Democratic President Joe Biden's plan requiring employees at large American businesses be protected against COVID-19 in the workplace.

The first-term senator declared Wednesday he will seek to apply the Congressional Review Act to the forthcoming Occupational Safety and Health Administration standard directing all companies with at least 100 employees to ensure their workers either are fully vaccinated against COVID-19, or subject to weekly testing for the coronavirus.

The rarely invoked procedure permits Congress to, in effect, rescind a federal regulation by adopting a "resolution of disapproval" by a majority vote in both the Senate and the House, which also must be signed by the president to cancel the rule.

That's unlikely to happen because Democrats control both chambers of Congress. But, even if a few Democrats in each chamber cross party lines to support the resolution of disapproval, Biden is unlikely to sign it because he authorized the COVID-19 workplace safety rule in the first place.

Braun then can attempt to secure a two-thirds majority in the House and Senate to scuttle the rule notwithstanding the president's objection. Though there's little chance that will happen since it would require dozens of Democrats to abandon their party's position on COVID-19 safety.

Nevertheless, the Hoosier senator — who consistently has refused to acknowledge whether he's vaccinated against COVID-19 — said he won't be deterred by the near-impossible odds of successfully repealing the OSHA standard.

"Since the announcement of President Biden's vaccine and testing mandate in September, I have led the charge to strike down this vast overstep of authority by the federal government," Braun said.

"Today, we are one step closer to protecting the liberties of millions of Americans in the private sector workforce under the Congressional Review Act. I urge my Senate colleagues to vote in favor of this disapproval resolution in the coming weeks."

Braun said 40 Senate Republicans already are on board with his plan, including U.S. Sen. Todd Young, R- Ind., and he expects the remaining GOP senators will sign on once the language of Biden's proposal, and the resolution of disapproval, are finalized.

"Most businesses took COVID serious from the get-go. They wanted to keep their employees and their customers safe," Braun said.

"And now, right after we've found a rhythm to get through it, and things are looking like we got it in the rear-view mirror — at least we've all learned to live with it in a responsible way — could be the biggest wallop that small businesses have taken in the whole journey."

Biden said in September the vaccine requirement is needed because the nation's vaccination rate remains stubbornly below "herd immunity" standards, despite overwhelming data showing the vaccines are safe and the best way to prevent infection, hospitalization and death from COVID-19.

"We've been patient, but our patience is wearing thin. And your refusal has cost all of us. So, please, do the right thing," Biden said.

"But just don't take it from me; listen to the voices of unvaccinated Americans who are lying in hospital beds, taking their final breaths, saying, 'If only I had gotten vaccinated. If only.' It's a tragedy. Please don't let it become yours."

Braun repeatedly has attempted to undermine Biden's response to the COVID-19 pandemic in the name of "freedom."

In July, for example, Braun condemned federal guidance recommending all Americans — regardless of vaccination status — wear face masks in crowded indoor spaces if they are in states with "substantial" or "high" COVID-19 spread.

He's also encouraged Chicago cops at risk of losing their jobs for failing to comply with a COVID-19 vaccine order to come to Indiana where local police agencies "will welcome you with the respect you deserve," instead of subjecting them to "government overreach."

Braun even has singled out Gov. Eric Holcomb for scorn after the Republican chief executive on Oct. 1 extended Indiana's COVID-19 public health emergency for an additional 30 days. Holcomb last week again renewed his emergency declaration through Nov. 30.

"It's time to end this perpetual state of emergency and let Hoosiers be responsible for their own safety," Braun said. "Our liberties should not be on hold at the whims of unelected bureaucrats and so-called scientific experts."

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