Sen. Marshall Statement on SCOTUS Decision to Block Vaccine Mandate

(Washington, D.C., January 13, 2022) – U.S. Senator Roger Marshall, M.D. issued the following statement after the Supreme Court of the United States issued a stay to block President Joe Biden’s COVID-19 vaccine-or-test requirement for large employers.

“Simply put, the Administration overstepped its authority, and I am glad the Supreme Court is holding them accountable. This is a HUGE victory for all Americans who were forced to fight against Joe Biden’s cruel campaign to punish workers over their medical freedoms,” said Senator Marshall. “Make no mistake, these vaccine mandates are not about public health or science. If they were, the White House would recognize the 92% of Americans who have already built up immunity to this virus between vaccines and natural immunity.”

While the Supreme Court moved to allow the Centers for Medicare & Medicaid Services (CMS) vaccine mandate to take effect, Senator Marshall continues to fight against it. Last month, he introduced of a resolution of disapproval under the Congressional Review Act (CRA) to halt President Biden’s CMS vaccine mandate for virtually all healthcare employees and prevent any similar rule from being proposed in the future.

In September, All 50 Senate Republicans supported Senator Marshall’s amendment to the government spending package to prohibit funding for implementing or enforcing the Biden Administration’s COVID vaccine mandate on private companies. You may click HERE to watch Senator Marshall’s remarks.


Senator Marshall has been leading the fight in the U.S. Senate to halt President Biden’s vaccine mandate and to get the Administration to recognize the importance natural immunity. Following numerous roundtable discussions in Kansas City, Topeka, and Wichita with union workers who are literally faced with the decision of job or jab, Senator Marshall requested leaders of the Senate HELP, Agriculture, Small Business, and Energy Committees to hold hearings with Kansas union workers to discuss the vaccine mandates. These workers were at risk of losing their jobs over the mandate and in turn further exacerbating the labor shortage and supply chain crisis, and further stifling economic recovery. You may click HERE or on the image below for a recap video of Senator Marshall’s visits with union workers.

The Occupational Safety and Health Administration (OSHA) recently enacted a regulatory vaccine mandate for a significant portion of our Nation’s work force. The mandate, which employers were required to enforce, applied to roughly 84 million workers, covering virtually all employers with at least 100 employees. This was a never-before-seen type of mandate without Congressional authorization. Businesses, and nonprofit organizations challenged OSHA’s rule in Appeals Courts across the country. Initially the Fifth Circuit entered a stay blocking the rule, however, when the cases were consolidated in the Sixth Circuit of Appeals, the Sixth Court lifted the stay and allowed OSHA’s rule to take effect. Businesses sought emergency relief from the US Supreme Court, arguing that OSHA’s mandate exceeds its statutory authority and is otherwise unlawful. The Supreme court agreed that the businesses are likely to prevail on the merits of the case and stayed the rule.

Senator Marshall introduced the COVID-19 Vaccine Dishonorable Discharge Prevention Actto prohibit the Department of Defense from giving servicemembers a dishonorable discharge for choosing not to receive a COVID-19 vaccine. Recently, Senator Marshall’s legislation, which was attached as an amendment to the National Defense Authorization Act, was signed into law. You may click HERE or on the image below for video of Senator Marshall’s statement. Senator Marshall penned an op-ed for FOX News on his legislation. You may click HERE to read it. Additionally, you may click HERE or on the image below to watch a highlight video of Senator Marshall’s efforts on this front.

In opposition to Biden’s vaccine mandate on businesses, Senator Marshall joined his colleagues in demanding a Congressional Review of President Joe Biden’s vaccine mandate on private employees before it goes into effect and oppose this unlawful, unnecessary federal command.

Senator Marshall joined his colleagues to introduce the Prevent Unconstitutional Vaccine Mandates for Interstate Commerce Act. As the Biden Administration is working to enforce vaccine mandates for businesses merely seeking to engage in interstate commerce, the legislation would protect the privacy of Americans’ personal health information and prohibit the Department of Transportation and other federal agencies from requiring proof of vaccination or the use of a vaccine passport for such activities.

Senator Marshall helped introduce the Keeping Our COVID-19 Heroes Employed Act to save essential workers from being fired due to President Biden’s sweeping vaccine mandate.

Senator Marshall questioned U.S. Department of Labor Assistant Secretary for Employment and Training nominee Jose Javier Rodriguez recently on how he plans to handle the upcoming spike in unemployment rates caused by President Biden’s vaccine mandate. You may click HERE to watch the exchange.

Senator Marshall questioned U.S. Secretary of Health and Human Services Xavier Becerra and U.S. Secretary of Education Miguel Cardona on their intent to mandate vaccines for students in public schools despite the possibility of the CDC acknowledging natural immunity. You may click HERE to watch the exchange.

Senator Marshall penned an op-ed for The Hill, highlighting the importance of T-cell testing and natural immunity research in helping parents make informed decisions on COVID-19 vaccinations.

Senator Marshall led a letter with 14 other health care providers in Congress to the CDC urging the agency to acknowledge natural immunity from COVID-19. The letter also urges the CDC to work with other federal agencies to ensure all future policies and federally-funded research take into account natural immunity.