Missouri court adds to ban on Biden contractor vaccine rule
By: https://mynorthwest.com/author/ap/
..... that federal contractors receive COVID-19 vaccinations.
Ahem....
Another Federal District Court has ruled that the Biden's workplace vax mandates violate the constitution....
Maybe the court is beginning to see the the Biden presidency for what it is, an "Imperial" presidency, one who rules rather than leads...
S E E D E D C O N T E N T
Dec 20, 2021, 2:09 AM | Updated: 4:12 pm Share BY ASSOCIATED PRESS
JEFFERSON CITY, Mo. (AP) — A federal judge in Missouri added another legal block Monday against President Joe Biden's requirement that federal contractors receive COVID-19 vaccinations.
The new preliminary injunction prohibits enforcement of the contractors' vaccine mandate in 10 states that collectively sued. It comes on top of a nationwide injunction issued earlier this month by a federal judge in Georgia.
Biden's administration has tried to spur workplace vaccinations through a series of administrative orders that also affect federal employees, health care providers participating in the Medicare and Medicaid programs, and businesses with more than 100 employees. All face legal challenges.
The requirement for federal contractors stems from a September executive order issued by Biden requiring compliance with workplace safety guidelines developed by a federal task force. That task force subsequently issued guidelines requiring that new, renewed or extended contracts include a clause requiring employees to be fully vaccinated by Jan. 18, with limited medical or religious exceptions. That meant those receiving a two-dose vaccine must get their second shot by Jan. 4.
A judge in Kentucky initially barred enforcement of the requirement only in Kentucky, Ohio and Tennessee. A Georgia judge presiding over a separate lawsuit imposed a nationwide injunction on Dec. 7. The latest injunction — issued by U.S. Magistrate Judge David Noce in another lawsuit — applies in Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.
Noce said the vaccine requirement likely exceeds the president's power to set purchasing rules as spelled out in federal law. Federal rules for contractors typically cover such things as employees' rights, wages and nondiscrimination policies, he said.
"The vaccine mandate would reach beyond the workplace and into the realm of public health," Noce wrote. "The Court concludes that plaintiffs are likely to succeed on the issue of whether the mandate exceeds the scope of the power granted to the President" under federal law.
Biden's other vaccine mandates are in various stages of enforcement.
A three-judge panel of the 6th U.S. Circuit Court of Appeals on Friday reversed a previous injunction against a Biden mandate that employers with more than 100 employees require their workers to be vaccinated or get tested weekly and wear masks. But Republican attorneys general, business associations and several conservative groups immediately appealed to the U.S. Supreme Court.
A separate requirement that health workers be vaccinated against COVID-19 is on hold in half the states due to preliminary injunctions. But Biden's administration has asked the Supreme Court to block those lower court orders
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Biden has his chance to argue that his "imperial" edicts should be upheld.... He has until December 30th to respond to the Supreme Court justifying the democrat position... As more and more district courts line up against him...
Just call him a Fascist and get it over with. He already has his leftist Brown Shirt army.
There is no question he is.. at this point, the only question remaining is will the Supreme Court stand for it....
Executive order mandates are a function of the police power of a state, the power of the state to make orders for the overriding benefit of the nation or state to maintain societal order...
Kavanaugh, I believe has chosen to submit this to the rest of the justices for their opinions although the decision will be his to make... He has several options...
1. Reinstate the stay under it's original terms.... the narrowest decision possible...
2. Reinstate, making it a permanent stay in the limited jurisdiction it originated from...
3. Reinstate, making it a nationwide permanent stay.... (which is where I think he is going)
4. Reinstate, making the stay permanent against all executive vax mandate orders as an overreach of executive government authority... (which is where I wish he would go)
5. Uphold the Court of Appeals and allow the mandate to run.... Which would declare that a state has ultimate control of it's citizens..... (a sure violation of the constitution, something the liberals would love)
It has hugely profound ramifications for the entire nation... What police power does a president or governor actually have in an emergency situation? How does one decide what is an emergency situation? And when does an emergency situation end? Most of the State Governor mandates are under emergency declarations that have no delineated end date, effectively being permanent mandates....
This decision easily covers all the vax mandates currently in effect and currently under stay... This is possibly why he has asked the administration to provide it's arguments... Kavanaugh could easily be taking the broad view on limitations of executive authority with this one...
I certainly hope so, it would be one of the most profound decisions made by the court in recent memory..