The Heritage Foundation is suing the Biden administration to stop its COVID-19 vaccine mandate for private employers, calling the requirement a “gross abuse of power.”

“The mandate clearly encroaches on the police power of states expressly reserved by the 10th Amendment,” argues the complaint filed Monday in the U.S. Court of Appeals for the D.C. Circuit. The lawsuit adds: “It also exceeds the federal government’s authority under the Commerce Clause.”

Heritage Foundation President Kay C. James and the think tank’s incoming president, Kevin Roberts, who takes office Wednesday, both issued statements on the lawsuit.