Appeals Court Rules Biden Cannot Impose Covid Vaccine Mandate on Federal Contractors
The court said Biden wanted it “to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so.”
The Biden administration has just had a significant setback in its attempt to continue to impose its useless covid vaccine mandate.
A U.S. appeals court has just ruled the administration cannot require federal contractors to force their workers to be vaccinated against COVID-19 as a condition of government contracts.
The U.S. government has contracts with thousands of companies, and courts have said the issue could affect up to 20% of U.S. workers.
A panel of the 5th Circuit Court of Appeals voted 2-1 to uphold a lower court decision that blocked President Joe Biden’s September 2021 contractor vaccine executive order in those states after Louisiana, Indiana, and Mississippi brought suit to seek invalidation of the mandate.
The court said Biden wanted it “to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so.”
Louisiana Attorney General Jeff Landry was pleased with the ruling, which supported the states’ view of Biden’s actions.
“We will continue to stand up against the Biden Administration’s abuses of power that threaten us now and in the future,” Landry said in a statement.
The government had argued that the president had broad statutory authority to issue policies that “provide the Federal Government with an economical and efficient system” of contractor operations under the Procurement Act. The suing states said this interpretation of the law had no limiting principle.
Biden’s administration countered that “presidential authority under the Procurement Act is constrained by the statute’s text, which requires that any executive order bear a close nexus to the statutory goals of establishing ‘an economical and efficient system’ for federal procurement and contracting.”
The court agreed with the states that the government’s “closed nexus” test unlawfully gives the president “nearly unlimited authority” to impose requirements on federal contractors.
The majority opinion offered a very chilling example of what could happen if such mandates were allowed to proceed.
The majority opinion written by Judge Kurt Engelhardt said a broad interpretation of the law could give Biden “nearly unlimited authority to introduce requirements into federal contracts.”
Illustrating that point, he added, “hypothetically, the president could mandate that all employees of federal contractors reduce their BMI (body mass index) below a certain number on the theory that obesity is a primary contributor to unhealthiness and absenteeism.”
Given the morally righteous zeal that the Biden administration has acted to support its policies (while undermining and silencing reasonable challenges that are grounded in law, reason, and science), this ruling is a step on the road to recovery from the damage caused by the pandemic restrictions and vaccine rules.
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Comments
I could be mistaken, but I doubt an appeal for a Fifth Circuit en banc re-hearing would produce a different result.
Please provide links to the source documents – in this case a link to the actual court opinion.
the links to news organization did not provide a link
thanks
I found the opinion, though it took some time to do the search
The dissent was by Graves , appointed by Obama in 2011.
His dissent is interesting from the standpoint of A) twisting the logic of the procument act and B) his disconnect with reality.
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https://www.ca5.uscourts.gov/opinions/pub/22/22-30019-CV0.pdf
Looks like it.
I will also add that the vaccine is very ineffective
Apparently, after two jabs the vaccine actually becomes counterproductive. That’s more than ineffective.
Hmm…
But how will the courts prevent bureaucrats from soft-banning contractors that don’t comply by simply choosing to hire other ones?
I can almost guarantee that the Biden Maladministration is already looking for a workaround to impose the mandate no matter what the court says. Expect it to be before the courts again soon.
Closing the barn door a couple years late.
Two years ago this ruling might have saved some people their jobs, or allowed them to avoid forced vaccination. Today it’s merely a historical footnote.
Know one federal contractor forced to take the jab to keep his job. 2nd jab, and he immediately has heart issues. Requested waiver because of that. Denied. After the 3rd jab, his heart blew up by 50%. Requested a waiver from the 4th jab because it would likely kill him. Denied. He sued, and the requirement for the 4th jab is enjoined due to the litigation. All for a experimental artificial mRNA gene therapy product “vaccine” that doesn’t reduce eliminate transmission after the 1st jab, and has ever mounting side effects.
“After the 3rd jab, his heart blew up by 50”
If Cindy Lou Who had known that, her book would have been MUCH shorter.
Or saved their lives from the clot shot. Notice all the young middle aged people dying?
;40% increase, more, that’s a hell of a lot . Young me.n too
Great. Now where to people go to get their livelihood and health back?
They don’t. This is a feature not a bug. See another story in the news today. https://legalinsurrection.com/2022/12/omnibus-bills-monstrous-linkage-of-family-planning-to-biodiversity/
“ The court said Biden wanted it “to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States.
That right there is a scary thing.
It’s the commercial version of the Hillsdale College conundrum: does your company sell anything in any manner to the federal government? Boom — immediately, they control the horizontal, they control the vertical. I worked in federal procurement for 20 years, and the arrogance was just astounding. You want to sell computers to the fedguv? You have to pledge not to discriminate against an entirely mutable cast of chracters, pledge allegiance to the Clean Air and Water Act, and promise never to grow more corn than your family’s allotment.
When it came time for me to start my own businesses, I was careful to avoid dealing with government either as a service provider or as a taxpaying merchant. It was well worth the effort.
Biden is despotic. What other conclusion can be reasonably drawn?
God I ate these people
God has a special place for them….Hell, the sooner the better
I think these politicians took normal saline
or more would be dropping and they are not
Vaccine, perhaps. Vaxxxine, no.
More need to speak out. They are killing is all amd now after our children, and yes there are really stupid parents out there
https://www.thegatewaypundit.com/2022/12/abc-news-journalist-speaks-reveals-developed-heart-condition-due-covid-vaccine/
Don’t forget all the Healthcare workers who are still under forced vaxxination orders.
Too many lawyers.
Lawyers start with an objective, then find a way to squeeze that through some law somehow. They don’t start with a law, to work from what there.
It is, perhaps, a fact provocative of sour mirth that the Bill of Rights was designed trustfully to prohibit forever two of the favorite crimes of all known governments: the seizure of private property without adequate compensation and the invasion of the citizen’s liberty without justifiable cause…. It is a fact provocative of mirth yet more sour that the execution of these prohibitions was put into the hands of courts, which is to say, into the hands of lawyers, which is to say, into the hands of men specifically educated to discover legal excuses for dishonest, dishonorable and anti-social acts.
–H.L. MENCKEN
Love that. Love Mencken.
Lawyers don’t belong in elected govt, or administration, because of how they’ve been trained to think.
So just in time for Christmas, you’re saying there is God….