Columbus, OH – On Wednesday, The Buckeye Institute filed a Petition for Initial Hearing En Banc to have Phillips v. U.S. Department of Labor, Buckeye’s case challenging the Biden administration’s vaccine mandate—as well as all of the other related cases nationwide that have been consolidated in the U.S. Court of Appeals for the Sixth Circuit—heard by the full court, which is also known as en banc review.

“The Biden administration’s vaccine mandate is an unprecedented overreach of government power that certainty meets the standard of ‘exceptional public importance’ and further conflicts with holdings of the U.S. Supreme Court and the U.S. Court of Appeals for the Sixth Circuit as required to necessitate an en banc review,” said Robert Alt, president and chief executive officer of The Buckeye Institute and counsel of record representing Phillips Manufacturing and Sixarp LLC against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate. “An en banc review will ensure that the full court is able to address the important administrative law and constitutional questions raised by our plaintiffs who would suffer substantial and irreparable harm as outlined in The Buckeye Institute’s case.”

With Phillips v. U.S. Department of Labor, The Buckeye Institute was the first organization to file a motion for emergency stay with the U.S. Court of Appeals for the Sixth Circuit and argues in its brief that the vaccine mandate:

• Exceeds OSHA’s authority under the Occupational Safety and Health Act;
• Violates the major questions doctrine;
• Violates the Congressional Review Act; and
• Tramples on numerous constitutional principles including the non-delegation doctrine and limitations on federal power under the Commerce Clause.

The Buckeye Institute’s co-counsel in the case are Patrick Strawbridge, Jeffrey M. Harris, and Daniel Shapiro at Consovoy McCarthy PLLC.

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