Kansas attorney general tells ‘overreach’ panel he will challenge federal vaccine mandate

TOPEKA – Kansas Attorney General Derek Schmidt told lawmakers Friday he plans to file a lawsuit to challenge President Joe Biden’s vaccine requirements for federal contractor employees.

The Republican candidate for governor appeared on video prior to a meeting of the Special Committee on Abuse Government and the Impact of COVID-19 Mandates, which heads of state assembled in response to the president’s instructions and proposed safe workplaces rules. The Democrats called Friday’s meeting a “political circus” and opposed the costs of litigation against the federal government.

Biden issued implementing ordinances requiring federal employees to be fully vaccinated by November 22nd and contractors to be fully vaccinated by December 8th.

Regardless of this, the occupational health and safety authority is preparing regulations for large companies, according to which their employees must be fully vaccinated or tested weekly. The Centers for Medicare and Medicaid Services are also preparing rules for medical providers, including nursing homes and home-care providers, who require vaccinations or risk losing federal funds.

The mandates allow limited exemptions based on illness, disability, or genuine religious belief.

Kansas Attorney General Derek Schmidt speaks via video link to the Overreach Committee outlining plans to challenge a vaccine mandate for federal contractors. (Kansas Legislature YouTube screenshot / Kansas Reflector)

Schmidt sent Biden a letter this week questioning the “shaky legal grounds” for instructing federal agencies to insist that contractors’ employees be fully vaccinated.

“We do not believe that it works legally,” Schmidt told the committee. “But I’m quick to say it hasn’t been tested.”

Schmidt said he heard more concerns from Kansans about the proposed CMS rules. He said he expected to challenge these rules after they were issued.

“Those providers who were already on the verge of survivability are most concerned,” says Schmidt. “They can’t find employees, they hang by a thread, and they worry that if a federal mandate requires them to do things that result in another four or five, 10, whatever the number , Employees go, and especially in this market they will be able to stop operating. “

Senator Renee Erickson, a Republican from Wichita and chair of the committee, refused to answer questions from committee members to Schmidt and said he would be invited back at a later date.

“Today’s political circus has been a tremendous waste of taxpayers’ money and time, so it comes as no surprise to find Derek Schmidt at the center,” said Emma O’Brien, spokeswoman for the Kansas Democratic Party. “Schmidt continues to use his role as Kansas Attorney General to advance his own policy, no matter how much it costs Kansans – and even refused to take questions because he cannot answer for his failed record.”

Rep. John Carmichael, D-Wichita, questions Kansas Attorney General Brant Laue about the cost of litigating disputes between state and state law. (Sherman Smith / Kansas reflector)

Brant Laue, Attorney General of Schmidt’s office, answered questions on behalf of the Attorney General. Laue said the US Supreme Court rulings on maintaining vaccine mandates, including a landmark 1905 case, preceded an “explosion in individual rights” based on recent rulings.

“What these cases would look like today, I think, is an open question,” said Laue.

Rep. John Carmichael, a Democrat from Wichita, asked Laue how much money it will cost the state to defend existing and future laws that create conflict between state and federal authorities. He referred to the state’s agreement in September to pay up to $ 1.9 million in legal fees to the American Civil Liberties Union in defense of an unconstitutional restriction on voting rights.

“How much tax money are we going to spend on what I think is a tournament against windmills?” said Carmichael.

Laue said the attorney general’s office plans to make do with existing resources and staff.

“If we could at least agree,” replied Carmichael, “if your lawyers take the time to prosecute murderers and rapists and instead want to compete with the federal government on domination issues, it means we have fewer legal resources in your office . “To prosecute crimes?”

Laue said the attorney general’s department is separate from the department that handles criminal cases.

Senator Mike Thompson, R-Shawnee, right, repeatedly made false statements about the safety and effectiveness of vaccines during Friday’s session. (Sherman Smith / Kansas reflector)

Senator Mike Thompson, a Republican from Shawnee, asked whether an executive order has the weight of the law in what it does and how an order can “leak” on those who do business with the federal government.

“I know there’s a question somewhere,” Thompson said. “I’m struggling with that right now.”

He also reiterated a debunked conspiracy theory claiming that there are currently no approved vials of the Pfizer vaccine in the United States, falsely saying that the COVID-19 vaccines are dangerous.

“I’m just pointing out that there is so much information here that we didn’t take into account in this fight,” said Thompson. “I’m just trying to look for whatever we can use at the state level to fight this and give people personal freedom.”

The Kansas Department of Health and Environment has recorded 6,415 deaths from COVID-19 and more than 434,000 infections since the pandemic began. Those numbers include 70 new deaths and 1,916 new cases between Wednesday and Friday.

The Centers for Disease Control and Prevention reports that 63.1% of Kansans ages 12 and older and 65.2% of adults are fully vaccinated.

The overreach committee also heard statements from “selected organizations and agencies”. Representatives from the Kansas Chamber of Commerce and International Association of Machinists and Aerospace Workers in Wichita were allowed to speak, while others were limited to written testimony.

Machine Union president Cornell Beard expressed frustration at political figures who had not taken action to prevent the implementation of the federal contractor mandate as the December 8 deadline approached.

He said he was a “big fan” of Democratic Governor Laura Kelly, who once walked a line of strike with union members. Now, he said, he has the ears of 20,000 voters in Wichita.

“Guess whose boyfriend will be at election time?” Said Bart. “But she just lost me because I didn’t see any crap. And all I’m telling you is that anyone who is currently playing against each other is voting for the other. That’s what our membership says. I beg you: do something. File something. We can have meetings all day. “

Beard described the suspicion among union members who face the consequence of losing their livelihood for not wanting to get a vaccine. He also complained about guidelines requiring employees who are not vaccinated to wear a mask.

“In my opinion, this is the beginning of a big problem because now we’re basically saying you’re the modern Jew,” Beard said. “You will wear that star and you will wear it and we don’t care if you complain about it or not.”

Republican lawmakers, members of a prominent anti-vaccine group, and select private business owners were also given time to testify.

The committee plans to hear the public during a hearing scheduled for Saturday.