Federal Appeals Court Upholds Ban on Biden COVID-19 Jab Mandate

A federal appeals court upheld a decision blocking the Biden administration’s COVID-19 jab mandate on federal contractors with three states.

The 2-1 decision by a panel of the 5th Circuit Court of Appeals in New Orleans applies to contracts involving Indiana, Louisiana, and Mississippi.

However, the federal contractor COVID-19 jab mandate has been blocked or partially blocked in half the states as a result of multiple lawsuits.

Due to ongoing legal battles, the Biden administration isn’t pushing forward with unlawful, immoral COVID-19 jab requirements for contractors in any state.

Mandates for EUA products with no assurances of short or long term public safety are immoral, unethical, and illegal. One standing for all. @TXforVaxChoice https://t.co/ZmmPQdBJ94

— Peter A. McCullough, MD, MPH™ (@P_McCulloughMD) December 20, 2022

Appeals court says U.S. cannot mandate federal contractor COVID vaccines https://t.co/xGkhVVTibn pic.twitter.com/NzEIeVXTaq

— Reuters (@Reuters) December 19, 2022

Associated Press reported:

The ruling, dated Monday, is the latest in a series of setbacks for Biden’s attempt to boost COVID-19 vaccination rates by requiring contractors doing work for the federal government to ensure their employees are vaccinated.

The 2-1 decision by a panel of the 5th Circuit Court of Appeals in New Orleans applies only to contracts involving Indiana, Louisiana and Mississippi. But the mandate has been blocked or partially blocked in half the states as a result of multiple lawsuits.

Biden’s administration is not enforcing the contractor vaccination requirement in any states, as the legal battles continue to play out.

The 5th Circuit appeals panel heard arguments in October. Its written ruling said Biden’s executive order was unlawful, because Congress had not given him clear authority in federal procurement laws to require COVID-19 vaccinations.

The decision was written by Circuit Judge Kurt Engelhardt and agreed with by Judge Don Willett, both nominated to the court by President Donald Trump. In dissent was Judge James Graves, a nominee of President Barack Obama.

"The ruling also noted the concern of government overreach …"https://t.co/lr6pMRFhT2

— Daily Wire (@realDailyWire) December 21, 2022

“The President’s use of procurement regulations to reach through an employing contractor to force obligations on individual employees is truly unprecedented,” the ruling stated.

“As such, Executive Order 14042 is unlawful, and the Plaintiff States have consequently demonstrated a strong likelihood of success on the merits.”

The Daily Wire added:

The ruling also noted the concern of government overreach, citing a lack of congressional involvement to approve the Biden administration’s order.

“Congress has not spoken clearly to authorize such a dramatic shift in the exercise of the President’s power under the Procurement Act,” the ruling concluded.

Judge James Graves dissented in the ruling, citing the decision as the first time an executive order under the Procurement Act was struck down.

“When actions taken are in the mainstream of American businesses, that points towards permitting the executive order,” he wrote. “Economic factors would prevent the president from handicapping the contractor workforce with extreme contractual terms.”

Read the full ruling HERE.