Columbus, OH – On Wednesday, The Buckeye Institute filed a motion with the U.S. Court of Appeals for the Sixth Circuit on behalf of its clients, Phillips Manufacturing & Tower Company and Sixarp LLC, demanding that the White House produce all communications and records regarding the initiation and development of President Biden’s vaccine mandate.

“The White House must include ALL communications related to its justification for the OSHA vaccine mandate in the record—as opposed to providing only the pretextual justification that OSHA manufactured in anticipation of this legal case,” said Robert Alt, president and chief executive officer of The Buckeye Institute and counsel of record representing Phillips Manufacturing & Tower Company and Sixarp LLC against the Occupational Safety and Health Administration’s (OSHA) vaccine mandate.

As outlined in The Buckeye Institute’s motion, the White House has been perfectly clear that it imposed the vaccine mandate through OSHA in order to circumvent limits on federal power, and that its true intent is not related to genuine concern for workplace safety, but is rather to increase individual vaccination rates writ large. Because this rationale would constitute an impermissible basis for any OSHA rule, OSHA produced a pretextual record, making no mention of the White House’s publicly-stated purpose of increasing individual vaccination rates. The White House then failed to include documents about its stated justification for the mandate in the official record it submitted to the court.
 
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. The Buckeye Institute’s co-counsel in this case are Patrick Strawbridge, Jeffrey M. Harris, and Daniel Shapiro at Consovoy McCarthy PLLC.

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