Senator Joe Manchin announced he would join all 50 Republicans in the Senate in voting for a resolution of disapproval that would roll back the OSHA vaccine mandate.
The Congressional Review Act (CRA) allows for a majority of Congress to disapprove of any agency rule. Since the CRA vote is in the form of a resolution, only a simple majority is needed in the Senate to pass it.
The CRA would still have to be approved in the House where several Democrats have said they’re considering voting for it. And even if it’s passed by both chambers, Biden would almost certainly veto it.
But it would be a powerful statement to make prior to a Supreme Court ruling on the case.
“Let me be clear, I do not support any government vaccine mandate on private businesses. That’s why I have cosponsored and will strongly support a bill to overturn the federal government vaccine mandate for private businesses,” Manchin said in a statement.
“I have long said we should incentivize, not penalize, private employers whose responsibility it is to protect their employees from COVID-19,” he added.
Manchin had an opportunity to eliminate the mandate when Senate Republicans were able to get Senate Majority Leader Chuck Schumer to allow a stand-alone vote on an amendment that would defund the OSHA mandate.
But Manchin chose to vote against it, knowing that the CRA vote would be held next week.