Another federal judge blocks Biden’s vaccine mandate for federal contractors

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By BETHANY BLANKLEY

THE PLACE DU CENTER CONTRIBUTOR

(The Center Square) – – A Florida federal court has temporarily blocked the Biden administration’s COVID-19 vaccine mandate for federal contractors, granting another victory to Republican attorneys general who have sued in multiple states.

On the decision, Florida Attorney General Ashley Moody said she was proud to get an injunction to end President Joe Biden’s vaccine tenure for federal contractors.

“Floridians shouldn’t have to choose between the vaccine and their career,” Ms. Moody said. “We still have a lot of fighting and we will continue to fight against illegal overeating. “

The warrant was issued by executive decree on September 9, requiring all entities that contract with the federal government to provide “adequate COVID-19 guarantees to their workers performing or in connection with a federal government contract,” including by requiring COVID-19 injections. .

The order was presented by the White House as a guarantee “to reduce the spread of COVID-19, which will reduce the absence of workers, reduce labor costs and improve the efficiency of contractors and operators. subcontractors on sites where they perform work for the federal government. . “

But Ms Moody took legal action, claiming it violated several federal laws, Section 1 of the US Constitution and the Tenth Amendment.

Ms. Moody maintains that Pres. Biden does not have “the power to force millions of Americans to be shot, nor the capacity to economically punish Florida for failing to comply with its authoritarian, illegal and unconstitutional decree.”

U.S. District Judge Steven Merryday agreed. He granted Ms. Moody’s request for a preliminary injunction on Wednesday.

In his ruling, he wrote that Florida “demonstrates a substantial likelihood” that the executive order “exceeds the authority of the President” under federal government procurement and administrative services law.

“The defendants do not identify any section of the FPASA demonstrating that Congress” clearly intended “to authorize the President (assuming Congress can) to impose a public health requirement as a condition of the provision of services by an entrepreneur, ”Judge Merryday wrote. “Of course, the defendants maintain that entrepreneurs remain free to refuse to contract with the world’s largest buyer of goods and services,” he added. “But because the president must rely, at best, on Congressional authorization under FPASA, the president’s attempt to impose under FPASA [FPASA] a requirement both which Congress itself is unlikely to have the power to impose and which remains traditionally constitutionally bound by the Constitution to states requires justification beyond that required for posting notices on the workplace, the use of a centralized employment eligibility system and the Like. “

A nationwide preliminary injunction is already in place after U.S. District Judge Stan Baker of the Southern District of Georgia granted the claim of seven states and associated builders and contractors on December 7.

In his ruling, he called on the federal government to “enforce the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory of the United States of America.”

Two other federal judges also blocked the same warrant in different districts.

In Missouri, a federal judge issued a preliminary injunction against the warrant on Dec. 20 in a 10-state lawsuit led by the attorneys general of Missouri and Nebraska.

In Kentucky, a federal judge granted a preliminary injunction in a lawsuit filed by the attorneys general of Kentucky, Ohio and Tennessee.

“It’s not about whether the vaccines are working. They are. Nor is it a question of whether the government, at some level and under certain circumstances, can require citizens to get vaccines. It’s possible, ”wrote US District Judge Gregory Van Tatenhove.

“The question asked here is narrow. Can the President use the authority delegated by Congress to manage the federal supply of goods and services to impose vaccines on employees of federal contractors and subcontractors? In all likelihood, the answer to this question is no.


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