South Dakota joins lawsuit against Biden’s vaccine mandate

November 5, 2021 GMT

SIOUX FALLS, S.D. (AP) — South Dakota Attorney General Jason Ravnsborg announced Friday he had joined 10 other states to file suit against President Joe Biden’s administration, challenging a new vaccine requirement for workers at companies with more than 100 employees.

The lawsuit filed in the St. Louis-based 8th U.S. Circuit Court of Appeals argues that the authority to compel vaccinations rests with the states, not the federal government.

“This mandate is unconstitutional, unlawful, and unwise,” said the court filing.

New regulations by the Occupational Safety and Health Administration mandate that companies with more than 100 employees require their workers to be vaccinated against COVID-19 or be tested for the virus weekly and wear masks on the job. The requirement is to kick in Jan. 4. Failure to comply could result in penalties of nearly $14,000 per violation.

The Bishop O’Gorman Catholic Schools governing board, which is based in Sioux Falls, has also joined the lawsuit.

South Dakota is also a part of a multi-state lawsuit against a vaccine mandate for federal contract workers.