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Wyoming preparing to challenge Biden vaccine mandate in courts once rule is finalized


CASPER, Wyo. — Wyoming Governor Mark Gordon’s office said on Wednesday that the governor and Attorney General Bridget Hill are preparing a legal challenge to “the threat of the Biden Administration’s proposed vaccine mandates, when they are finalized.”

Presiden Joe Biden’s administration is preparing to make it mandatory that employers with more than 100 employees require those employees to get vaccinated against COVID-19 or submit to weekly COVID testing. The rule is expected to be administered through the Occupational Safety and Health Administration but OSHA has yet to finalize the new rule.

Gordon’s office said that the Biden administration has yet to issue anything specific that can be challenged in court.

Gordon directed Hill to prepare legal action against what he perceives as “unconstitutional overreach” immediately following the president’s announcement of the new vaccine mandate.

“Attorney General Hill has begun that mission and is continuing to strengthen alliances, improve potential arguments, and consider appropriate strategies,” Gordon said in Wednesday’s press release.

Gordon’s office also pointed to a joint letter from 24 attorneys general that Gordon’s office said describes the vaccine mandate as “broad, inexact, and utiliz[ing] a rarely-used provision in Federal law that allows it to be effective immediately.”

“This coalition of Attorneys General is well-prepared to fight the Biden Administration in courts when the time is right, and I am committed to using every tool available to us to oppose federal rules, regulations, and standards whenever they overreach,” Gordon said. “We are prepared to act promptly once these mandates are finally issued. Wyoming will not stand idly by to see any erosion of the constitutional rights afforded our citizens and their industries.” 

Gordon, who along with First Lady Jennie Gordon, have been vaccinated against COVID-19 has held that vaccines should be optional for people. In Wednesday’s release, Gordon’s said he thinks “government must resist the temptation to intrude in private sector interests.”

“It is neither conservative nor Republican to replace one form of tyranny with another,” Gordon said. “Doing so is antithetical to our American form of government, even if it is for something we like. I will stand firm against unconstrained governmental overreach regardless of where or when it occurs.”

The Wyoming Department of Health provides COVID-19 case, variant, death, testing, hospital and vaccine data online. The department also shares information about how the data can be interpreted. COVID-19 safety recommendations are available from the CDC.