Jennifer A. Shoemaker
Federal Judge Blocks Contractor Vaccine Mandate
United States District Court Judge R. Stan Baker issued a nationwide injunction today blocking the COVID-19 vaccine mandate for federal contractors. This effectively prohibits the US government from enforcement and temporarily shuts down the latest vaccine requirement by the Biden administration. The case was brought by several state governors and attorneys general, as well as other state entities, claiming that the mandate is unconstitutional as it violates the 10th Amendment. It was also argued that only Congress has the power to make rules, not the President and that the mandate violates several federal laws. The Court found that although the pandemic has taken a “tragic toll,” Congress did not clearly authorize the President to use the Federal Property and Administrative Services Act (Procurement Act) to impose vaccine requirements on contractors. The Court found that the plaintiffs were likely to succeed in their claim that the President exceeded his authority, and thus issued the injunction while the case proceeds.
We will update you as the case continues.
If you have any questions regarding the issues discussed above or if you have any other Labor & Employment Law concerns, please contact the Underberg & Kessler attorney who regularly handles your legal matters or Jennifer Shoemaker, the author of this piece, here or at (585) 258-2825.