MADISONVILLE, La. – Sen. John Kennedy (R-La.) joined Sen. Mike Braun (R-Ind.) and more than 180 lawmakers in filing an amicus brief to the Supreme Court in an upcoming case considering the Occupational Safety and Health Administration’s (OSHA) vaccine mandate.

“I am happy to support this amicus brief opposing the Biden administration’s vaccine mandate. Vaccines are good, but that doesn’t give the federal government the power to force Americans to violate their own consciences,” said Kennedy.

OSHA issued a rule to officially mandate vaccination requirements for employees at private businesses with more than 100 employees. The rule would affect more than 80 million Americans.

The Fifth Circuit Court of Appeals blocked OSHA’s rule, but on Dec. 17, the Sixth Circuit Court of Appeals overturned the Fifth Court’s decision and reinstated the mandate. The Supreme Court will, on Jan. 7, hear oral arguments regarding the Sixth Court’s decision, three days before OSHA will begin enforcement efforts.

On Oct. 26, Kennedy wrote to Defense Secretary Lloyd J. Austin III regarding the Biden administration’s vaccine mandate and the Navy’s order that U.S. military service members could lose their veterans’ benefits for failing to comply with the mandate. Kennedy advocated for service members’ freedom to make their own choices regarding the vaccine.

On Dec. 8, the Senate passed a bipartisan resolution backed by Kennedy under the Congressional Review Act, which is the official Congressional process for eliminating an executive branch rule, to nullify President Biden’s vaccine mandate.

Text of the amicus brief is available here.

WASHINGTON – Sen. John Kennedy (R-La.), Sen. Pat Toomey (R-Pa.) and other Senate Banking Committee Republicans called on President Joe Biden to rebuke Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra and Federal Deposit Insurance Corporation (FDIC) Director Marty Gruenberg for their illegitimate attempt to violate the FDIC’s 88-year tradition of working independently from partisan political influence.

In a letter, the senators also urged the president to replace immediately Director Gruenberg—whose term expired three years ago and who is serving in a temporary capacity—and nominate an individual to fill the vacant Republican seat on the FDIC board.

“America’s independent financial regulators are respected the world over for their professionalism and integrity, and we fear the actions of Director Chopra and Director Gruenberg if left unchecked have the potential to weaken faith in our financial institutions and markets,” wrote the senators.

On Dec. 9, CFPB Director Chopra and FDIC Director Gruenberg published a joint statement to the CFPB’s website claiming the FDIC approved a request for information on bank mergers. Shortly thereafter, the FDIC clarified that no such document had been approved by the FDIC and that there was no valid vote by the FDIC board.

Members of the board cannot bring any regulatory changes or actions for a vote without the FDIC chairman’s consent. 

“Director Chopra and Director Gruenberg’s statement and actions make clear that they violated FDIC procedures with the apparent goal of usurping the powers of the chairman and inhibiting her ability to carry out her official duties and responsibilities. In addition to violating the FDIC bylaws and processes, their actions upended an 88-year tradition of the FDIC board working on a collegial basis with its chairman as well as working independent from partisan political influence,” the senators explained.

“We urge you to nominate promptly a candidate to replace Director Gruenberg, as well as a candidate to fill the vacant Vice-Chairman position on the FDIC board. These candidates should be well-qualified, mainstream individuals who will respect the institutional norms and practices that Director Chopra and Director Gruenberg have willfully chosen to ignore,” the senators concluded.

The letter is available here.

WASHINGTON – Sen. John Kennedy (R-La.) today joined Sen. Tim Scott (R-S.C.), Rep. Ralph Norman (R-S.C.) and more than 90 other senators and representatives in writing to Health and Human Services (HHS) Secretary Xavier Becerra, condemning HHS’s recent reversal of protections for faith-based adoption and foster care agencies.

On November 18, HHS announced it was rescinding waivers previously issued to faith-based adoption and foster care agencies in South Carolina, Michigan and Texas that allowed them to qualify for HHS grants while operating in accordance with their deeply-held religious beliefs.

HHS also announced it was moving to strip the Office for Civil Rights of its authority to enforce the Religious Freedom and Restoration Act and the religion clauses of the First Amendment.

“The freedom to work with faith-based agencies is vital to many foster families. Many studies have shown that faith is often a key motivator in a family’s decision to foster children. Families recruited through church or religious organizations on average foster more than two and a half years longer than other foster parents,” the lawmakers wrote.

“We find it disturbing that one day before it released its 2021 [Adoption and Foster Care Analysis and Reporting System] report, the Department of Health and Human Services (HHS)—with your express approval—announced the rescission of waivers that were previously granted to faith-based adoption and foster care agencies in Michigan, Texas, and South Carolina. As you know, rescinding the waivers puts providers in these states in the untenable position of choosing between serving children under the Title IV-E foster care program or operating in accordance with the tenets of their faith—the same faith that drives them to serve children in the first place. HHS should be welcoming child welfare providers, not excluding them. Children are too important to be pawns in political games,” continued the lawmakers.

“Despite being in the middle of a pandemic, your focus on reversing structural and individual religious freedom protections—protections which have worked well—demonstrate that you are placing ideology over the interests of the law, children, and faith-based partners who only want to continue serving their communities in peace. It is our hope that you will promptly correct these unprecedented actions and abide by your promises made to Congress,” concluded the lawmakers.

The letter is available here.

WASHINGTON – Sen. John Kennedy (R-La.) today joined Sen. Marco Rubio (R-Fla.) in introducing the Protecting Our Democracy by Preventing Foreign Citizens from Voting Act to prohibit federal funding to states and localities that allow non-citizens to vote.

“Allowing non-citizens to vote in our elections makes a mockery of U.S. citizenship. Some Americans were born here, and some immigrated here legally, but no citizen should have his or her vote nullified by a foreign citizen’s ballot. I’m proud to partner with Sen. Rubio to stop federal funds from flowing to states or localities that undermine Americans’ voting rights,” said Kennedy.

“It’s ridiculous that states are allowing foreign citizens to vote. However, if states and localities do let those who are not U.S. citizens to vote in elections, they shouldn’t get U.S. citizen taxpayer money,” said Rubio.

The Protecting Our Democracy by Preventing Foreign Citizens from Voting Act would:

• Prohibit federal funds from going to any state or local government that allows foreign citizens to vote in any federal, state or local election, and
• Require state or local governments, upon the application, approval and receipt of any federal funds, to certify they do not allow foreign citizens to vote.

Sens. Steve Daines (R-Mont.), Thom Tillis (R-N.C.), Rick Scott (R-Fla.) and James Lankford (R-Okla.) also cosponsored the legislation.

Rep. Jeff Duncan (R-S.C.) will introduce a companion bill in the House.