Capito joins official challenge to Biden’s private sector vaccine mandate

WASHINGTON, D.C. — U.S. Senator Shelley Moore Capito (R-W.Va.) joined 40 of her colleagues Wednesday in moving to formally nullify President Joe Biden’s private sector vaccine mandate requirement for employees at private businesses with more than 100 employees. The rule, expected to be issued this week, will affect more than 80 million Americans and imposes $14,000 fines for persons who do not comply.

“President Biden vowed last year that he would not impose a vaccine mandate, and now he’s going back on his word,” Senator Capito said. “Under the previous administration, three COVID-19 vaccines were developed, and I’ve consistently promoted their safety and effectiveness. But, the federal government should not be dictating to businesses that they must comply with a vaccine mandate or face fines, which will affect tens of millions of private sector employees. On behalf of every West Virginian who values their individual liberties, it’s appropriate for Congress to challenge and overrule this federal overreach through the Congressional Review Act.”


On September 8, President Biden announced vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors. These mandates are expected to force private-sector employers with more than 100 employees to become vaccinated or produce at-least-weekly negative test results before coming to work. And as announced, the federal employee and contractor plan doesn’t even include the option of weekly testing rather than taking a vaccine.

To implement this mandate, OSHA is expected to promulgate an Emergency Temporary Standard (ETS) in the near future.

The Congressional Review Act can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval. If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the president, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.