A federal judge has imposed a nationwide injunction against a vaccine mandate for federal contractors, ruling that President Joe Biden probably exceeded his authority by imposing the requirement.
Judge R. Stan Baker, who is based in Georgia, temporarily blocked the administration after a lawsuit from several states and a trade group argued that letting the mandate take effect on January 4 would cause irreparable injuries to workers who could be forced out of their jobs.
The judge said that allowing the rule to move forward would force Plaintiffs to comply with the mandate, requiring them to make decisions that would affect their ability to perform federal contract which is critical to their operations. The court setback is the latest in a string of rulings hampering the administration's efforts to force more people to get vaccinated against the coronaviruses.
Two different judges temporarily blocked separate mandates requiring millions of workers to get vaccinated against Covid - 19 last week. A federal judge in Louisiana halted the Centers for Medicare and Medicaid Services from enforcing its mandate for health care workers, while a federal judge in Kentucky imposed an order blocking the administration from enforcing the requirement for government contractors in three states.
In early November, a federal appeals court ruled that the administration's efforts to require workers at U.S. companies with at least 100 employees to be vaccinated.
The ruling by Baker, who was nominated by President Donald Trump to the court, found that the plaintiffs in his case are likely to prevail on their argument that Biden exceeded his authority with an executive order in September that set in motion the mandate.
The judge's order was based on the president's economic powers under the Procurement Act.
The Court is unconvinced that it authorized him to direct the type of actions at issue in the case, despite the fact that the Procurement Act provides some authority to the president, according to Baker. In practical application, the executive order goes beyond the administrative and management of procurement and contracting and operates as a regulation of public health. A Department of Justice representative did not respond to a request for comment on the ruling.
Asked about the judge's order on Tuesday, White House press secretary Jen Psaki said the DOJ will vigorously defend this in court. South Carolina attorney General Alan Wilson, a Republican whose state is one of the plaintiffs in the case, applauded the judge's decision.
Abuse of power by the Biden administration has been stopped. Wilson said that the rule of law prevailed and the liberty is protected.
Nearly 800,000 people have died from Covid since the epidemic started last year, according to the NBC News Covid tracker.