A federal appeals court ruled Monday that the Biden administration can’t compel federal contractors to comply with its plans for a COVID-19 vaccine mandate.
A three-judge panel on the U.S. Court of Appeals for the 5th Circuit voted 2-1 against the mandate. The judges held that the government’s argument for imposing the mandate would allow presidents to “unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so.”
BIDEN’S VACCINE MANDATE STRUGGLES IN COURT AS ‘PEOPLE COULDN’T CARE LESS ABOUT COVID’
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The U.S. government contracts with thousands of companies, and courts have said the issue could affect 20% of U.S. workers.
Judge Kurt Engelhardt wrote the majority opinion and said the Biden administration could gain “nearly unlimited authority to introduce requirements into federal contracts” if they voted in favor of the government, according to court records.
Engelhardt provided a hypothetical scenario in his ruling, saying 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.”
The Justice Department defended the mandate in court filings, arguing Biden’s order was valid. Judge James Graves, who voted to uphold the mandate, issued a lengthy dissent saying Biden’s order was justified under the Procurement Act.
“When actions taken are in the mainstream of American businesses, that points towards permitting the executive order,” Graves wrote. “Economic factors would prevent the president from handicapping the contractor workforce with extreme contractual terms.”
The decision in the case, which came from a challenge brought by Louisiana, Indiana, and Mississippi, marks a setback for the Biden administration. After the guidance was issued last year, a district court in December 2021 issued a nationwide block against the mandate.
But the 11th Circuit Court of Appeals decision in August limited the lower court’s order to only affect the parties that challenged the mandate.
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The Office of Management and Budget told agencies in October not to enforce the contractor mandate, saying that active court orders limit enforcement “in some locations and as to some entities.”
The Washington Examiner contacted the White House for response.
