A man wears an anti-vaccination button as people and teachers protest against New York City’s mandatory vaccination against coronavirus disease (COVID-19) in front of the United States Court in Manhattan in New York City , New York, USA, October 12, 2021.
Mike Segar | Reuters
A U.S. district court in Georgia halted the Biden administration’s authorization of a vaccine to federal contractors on Tuesday, writing that the president was likely to exceed his authority.
The U.S. District Court for the Southern District said Associate Builders and Contractors, a trade group representing the construction industry, had the correct ability that the President Joe Biden exceeded his powers under the Procurement Act when he issued the authorization.
“In its practical application, it acts as a public health regulation,” District Judge R. Stan Baker wrote in the order. “It will also have a major impact on the economy as a whole, as it limits the ability of contractors and workforce members to do federal contract work. Accordingly, it appears to have enormous economic and political significance,” Baker wrote.
The court said the federal contractor’s mandate was “expensive, laborious, and likely to result in a reduction in existing members of the workforce.”
Biden issued an executive order on September 9 requiring contractors to ensure their workers are vaccinated against Covid and adhere to face covering and social distancing policies. The White House initially granted contractors compliance through December 8, but later pushed back the deadline to January 4. The requirements cover millions of workers across the U.S. economy.
Court orders the Biden administration to suspend enforcement against federal contractors and subcontractors “in all related contracts in any state or territory of the United States of America.” .”
The court’s initial order is the latest blow to the Biden administration’s effort to push companies to ensure their employees are vaccinated as public health officials warn of an uptick in the season. of Covid cases and the emergence of the highly mutated omicron variant of the virus on the US Coast.
The Biden administration was forced to halt enforcement of vaccine and testing requirements for businesses with 100 or more employees last month. The US Court of Appeals for 5th Street in New Orleans ordered the administration not to enforce the requests until further notice, citing “serious constitutional concerns.”
Federal contractor mandates are more stringent than business requirements issued by the Occupational Safety and Health Administration. It does not include an extensively tested option instead. However, companies can include protocols for those who are exempt such as mask making or regular testing for Covid.
Despite Tuesday’s order, some federal contractors, like major airlines, have been working to fulfill the requirements for months. Southwest Airlines told employees on Saturday that 93% of its more than 50,000 employees have uploaded a vaccine card or requested a waiver.
Exempt employees may be required to undergo routine checks or wear masks at work, the Dallas-based airline said. For its part, United Airlines implemented the company’s vaccine regulation in August, and by early fall, more than 96% of its 67,000 employees had been vaccinated.
This is breaking news. Please check back for updates.
– Leslie Josephs of CNBC contributed to this report.
