The Biden administration’s vaccine mandate has lost in court once again.
A federal judge on Tuesday issued a nationwide injunction against President Joe Biden’s vaccine mandate for federal contractors, ruling that Biden likely overstepped the bounds of his authority. The mandate would not only “have a major impact on the economy at large” and “alter [federal employees’] ability to perform” their duties, Judge R. Stan Baker wrote, but its “logic and reasoning” would also “give the president the right to impose virtually any kind of requirement on businesses that wish to contract with the government (and, thereby on those businesses’ employees) so long as he determines it could lead to a healthier and thus more efficient workforce or it could reduce absenteeism.”
"While the Procurement Act explicitly and unquestionably bestows some authority upon the president, the Court is unconvinced, at this stage of litigation, that it authorized him to direct the type of actions" at issue in the case, Baker continued. He added that the "practical application” of Biden’s executive order “goes beyond the administration and management of procurement and contracting" and "operates as a regulation of public health."
With this decision, Baker, a federal district judge in Georgia, joins a number of federal judges who have also blocked Biden’s vaccine mandate. Just last week, a federal judge in Louisiana halted the Centers for Medicare and Medicaid Services from enforcing its vaccine mandate for healthcare workers nationwide, and a federal judge in Kentucky blocked the administration from enforcing its vaccine mandate for government contractors in three states. Last month, the 5th Circuit blocked Biden’s vaccine mandate for private employers, and then upheld that injunction in a second ruling. (The 11th Circuit, however, ruled this week in favor of Biden’s healthcare worker vaccine mandate, raising the possibility that the Supreme Court will have to address the circuit split.)
Baker’s decision gets to the heart of the matter: Biden simply does not have the authority to force hundreds of millions of people to get vaccinated against COVID-19. He’s appealing to vague federal statutes that have nothing at all to do with viruses, illnesses, or vaccination and hoping that the courts choose to overlook this because of the nature of the COVID-19 “emergency.”
Well, as the 8th Circuit wrote in its opinion blocking Biden’s healthcare worker vaccine mandate, “facts do not cease to exist simply because they are ignored,” and the president does not have the authority to take a vague law and create new powers for himself no matter how much he'd like to. Until he repeals his vaccine mandates, Biden will keep learning that reality the hard way.