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Tipsheet

Biden's Vaccine Mandate Has a New Foe in Virginia's Attorney General Elect Jason Miyares

AP Photo/Steve Helber, File

On Friday, the U.S. Supreme Court heard oral arguments in cases questioning the constitutionality of President Joe Biden's vaccine or testing mandate as it applies to private businesses with 100 or more employees and whether it is an overreach of Occupational Safety and Health Administration (OSHA) to enforce. As Katie covered earlier, it went pretty poorly for liberals. And, should the Court extend their temporary pause on enforcement, Virginia's Attorney General-Elect Jason Miyares, a Republican, will sign onto lawsuits once he takes office next Saturday.

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Miyares indicated as much in an interview that was published on Wednesday with WRIC, a local ABC outlet. "I’ll abide by whatever is their final ruling because they are the final arbitrator of what the law is but my guess is there will be a temporary injunction and there will be space for me to get involved," he said, also acknowledging that the Court may rule before he takes office.

The current attorney general, Mark Herring, a Democrat whom Miyares defeated in November, indicated his support for the vaccines, emphasizing "Vaccines work. Period." He also praised the Biden administration for how it "has worked tirelessly to keep Americans, their families, and their communities safe and healthy" and called it "a shame that there are individuals who do not appear to believe that protecting Americans is important, and instead are fighting to overturn this crucial vaccine policy."

It's worth noting, though, that Miyares has been vocally supportive of the vaccine and has encouraged people to get vaccinated against COVID, but does not support mandates. From the interview:

Miyares said, while he wants everyone to get the COVID-19 vaccine, an executive branch mandate without Congressional input isn’t the right approach. 

“This is a broad overreach of federal authority in Virginia and, like I said, no one should have to choose between their job and the vaccine,” Miyares said.

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Healthcare worker shortages in Virginia are a particular concern for Miyares. 

"The bottom line is, right now, the vaccine mandates are harming hospitals and health workers right at the time that we need them the most and that is what caused the most alarm for me…Several hundred would be seeking other employment. That’s not what we need right now in Virginia," he told the outlet.

While Miyares may not get the chance to become involved, he nevertheless tweeted out a statement on Friday, also referencing Governor-Elect Glenn Youngkin, another Republican who will likewise take office next Saturday. Youngkin has frequently encouraged Virginians to get vaccinated and boosted, though maintains he is against mandates. During the campaign he also offered his Democratic opponent, former Gov. Terry McAuliffe, to do a PSA with him about vaccines, though McAuliffe refused.

In his statement, Miyares reaffirmed their support for vaccines as "a critical tool in the fight against COVID-19," but went on to say that "we strongly believe e that the Federal government cannot impose its will and restrict the freedoms of Americans and that Virginia is at its best when her people are allowed to make the best decision for their families or businesses."

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States which have currently signed onto the lawsuit include Texas, Utah, Louisiana, Mississippi and South Carolina. Private businesses have done so as well. 

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