Biden’s Federal Vaccine Mandate Wipeout

The Administration ignored the law. It is getting crushed in court.

WSJ editorial. Excerpts:

"the Administration had exceeded its authority under the Federal Property and Administrative Services Act. The President claimed his executive order would “promote economy and efficiency in procurement” by contracting with sources “that provide adequate Covid-19 safeguards for their workforce.”"

"But the law does not give the President “the right to impose virtually any kind of requirement on businesses that wish to contract with the Government (and, thereby, on those businesses’ employees) so long as he determines it could lead to a healthier and thus more efficient workforce or it could reduce absenteeism,” Judge Baker wrote.

Last week federal Judge Gregory Van Tatenhove enjoined the Administration from enforcing the contractor mandate in Kentucky, Ohio and Tennessee. While conceding that Congress delegated broad power to the President, the judge noted that his “authority is not absolute” and the President’s overreach raises “several concerning statutory and constitutional implications.” The mandate “intrudes on an area that is traditionally reserved to the States,” Judge Tatenhove wrote, noting the Constitution grants the states general police powers to regulate public health and welfare."

"Congress must “speak clearly if it wishes to assign to an agency, decisions of vast economic and political significance.” “If CMS has the authority by a general authorization statute to mandate vaccines, they have authority to do almost anything they believe necessary"