Labor Department estimates recommend that one in five U. S. employees be able to work in the U. S. Be hired through a federal contractor. Citing U. S. Supreme Court rulingsOn the COVID-19 vaccine mandate, the appeals court committee ruled that Biden’s attempt to “regulate” a significant portion of the U. S. economy was not enough. “Illegal” U. S. executive order.
“The president is asking this court to uphold an exercise of ownership authority that would allow him to unilaterally impose a health care resolution on one-fifth of all workers in the United States,” the court said. “We refuse to do it. “
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Louisiana Attorney General Jeff Landry hailed the victory as a “victory of freedom. “
“We will continue to resist the Biden administration’s abuses of force that threaten us now and in the future,” Landry said in a statement.
The administration had argued that the president had broad legal authority to craft policies that would “provide the federal government with an economic and effective system” of outsourcing operations under the Government Procurement Act. The prosecuting States asserted that this interpretation of the law did not have a restrictive principle. Biden’s leadership responded that “presidential authority under the Acquisition Act is limited by the text of the law, which requires that any executive order be strongly tied to the legal goals of ‘an economic and effective system’ for federal procurement and contracts. “
The court agreed with the states that the government’s “closed bond” illegally gives the president “almost unlimited power” to impose necessities on federal contractors.
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“Hypothetically, the president may require all federal contractor workers to reduce their BMI under a safe number on the theory that obesity is the main contributor to unhealthy situations and absenteeism,” Justice Kurt Engelhardt’s majority opinion said. “According to government theory, the only practical limit to presidential authority in this domain is the executive’s ability to link policy priorities to a perception of economy or efficiency. “
The extra majority stated that according to the government’s argument, any president “would have little difficulty” in requiring federal contractors to “take nutrients daily, live in smoke-free homes, exercise 3 times a week or even, in the extreme, take birth in order to decrease absenteeism similar to childbirth and care. “
“Allowing this mandate to remain in office would amount to ratifying a ‘huge and transformative expansion’ of the president’s strength under the Public Procurement Act,” the Fifth Circuit panel said. “Under the precedent of the Supreme Court, this Court cannot allow such a term to remain in office in the absence of a transparent Congress who wishes to endow the presidency with such force. “
The judges also rejected the government’s claim that COVID-19 pandemic cases gave the president special, unchecked powers.
“The difference here,” the government suggested, “is at least in part that we are facing a ‘once in a century’ pandemic. The Constitution is not repealed like a pandemic,” the court said. The decisions of the Supreme Court make transparent our legal principles of interpretation of laws. . . And, in that sense, neither can Congress, which may have drafted a vaccination law or even made transparent its objective related to the exclusive property of the president. Federal authority for procurement or employment.
The White House did not respond to a request for comment.
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In a dissenting opinion, Judge James Graves said the vaccine mandate was “in the mainstream” of what U. S. corporations were doing in reaction to the pandemic. He pointed out that U. S. corporations such as AT.
“There is no convincing explanation for why federal government contractors deserve to be treated as personal corporations in this situation,” Graves said.
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A national injunction resulting from a separate lawsuit had prevented the government from enforcing the COVID-19 vaccine mandate on federal contractors. In August, a federal appeals court overturned the injunction and ruled that the government would only be barred from enforcing the order in all seven states. who sued and members of the Associated Builders and Contractors.
The White House called on federal agencies not to comply with the vaccine mandate in October.
Chris Pandolfo is a member of Fox News Digital. Send a recommendation to chris. pandolfo@fox. com and follow him on Twitter @ChrisCPandolfo.