Judge blocks Biden vaccine mandate for federal contractors

A federal judge has blocked President Joe Biden’s administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, reports the Associated Press.

U.S. District Court Judge R. Stan Baker, in Augusta, Georgia, issued a stay to bar enforcement of the mandate nationwide.

The order came in response to a lawsuit from several contractors and seven states, which include Alabama, Georgia, Idaho, Kansas, South Carolina, Utah and West Virginia. It applies across the U.S. because one of those challenging the order is the trade group Associated Builders and Contractors Inc. (ABC), whose members do business nationwide.

Baker found that the states are likely to succeed in their claim that Biden exceeded authorization from Congress when he issued the requirement in September.

“The Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe,” wrote the judge, an appointee of former President Donald Trump. “However, even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities.”

A White House spokeswoman said the Justice Department would continue to defend the mandate.

“The reason that we proposed these requirements is that we know they work, and we are confident in our ability, legally, to make these happen across the country,” White House press secretary Jen Psaki said at a Dec. 7 briefing.

A federal judge in Kentucky also had issued a preliminary injunction against the mandate, but it applied only to contractors in three states that had sued together—Kentucky, Ohio and Tennessee.

Biden issued an executive order Sept. 9 requiring federal contractors and subcontractors to comply with workplace safety guidelines developed by a federal task force. That task force subsequently issued guidelines that new, renewed or extended contracts include a clause requiring employees to be fully vaccinated by Jan. 18. That meant those receiving a two-dose vaccine must get their second shot by Jan. 4.

Limited exceptions were allowed for medical or religious reasons. The requirements would apply to millions of employees of federal contractors, which include defense companies and airlines.

“This is a big win in removing compliance hurdles for the construction industry, which is facing economic challenges, such as a workforce shortage of 430,000, rising materials prices and supply chain issues,” says Ben Brubeck, vice president of regulatory, labor and state affairs for ABC, in a statement.