Wednesday, December 15, 2021

Biden's Legal Losses: Seven Times Courts Have Struck Against Administration

President Joe Biden suffered a setback in court this week when a federal judge in Georgia halted his vaccine mandate for federal contractors, delivering the latest legal blow to the Biden administration’s agenda.
Beyond its pandemic-related measures, the Biden administration has endured a number of admonishments from courts concerned about the White House’s use of executive authority.
Here are some of the legal losses handed to the White House so far.
Federal judges in November blocked Biden’s vaccine mandate for businesses with more than 100 employees over “grave statutory and constitutional issues."
Biden had hoped to use the Occupational Safety and Health Administration to enforce the rule, which was set to take effect on Jan. 4.
After the Fifth Circuit Court of Appeals paused the mandate over the constitutional concerns and questions about whether a Labor Department office had the authority to impose such a sweeping public health policy, the Biden administration said it would suspend its implementation of the rule.
Biden signs burst of coronavirus orders
Biden also attempted to require all federal contractors to force their employees to get vaccinated through an executive order he signed in early September.
Companies that didn’t comply by mid-January risked losing eligibility for federal contracts.
A federal judge for the U.S. District Court for the Southern District of Georgia temporarily blocked the federal contractor mandate on Tuesday on the grounds Biden likely exceeded his authority.
Biden attempted to use the Procurement Act, legislation that gives the federal government authority over administrative items related to contracting to enforce the vaccine mandate.
But the judge ruled that Biden likely overstepped what the Procurement Act allows him to do, including placing an “extreme economic burden” on companies that wish to bid on contracts with the federal government.
Two federal courts blocked enforcement nationwide of Biden’s healthcare worker mandate through the Centers for Medicare and Medicaid Services — the third federal vaccine mandate to crumble under legal scrutiny.
Separate judges found CMS did not follow rules for providing the public with an opportunity to comment on pending rules before issuing the mandate. The judges also said Biden administration officials exceeded the authority of CMS by issuing such strict requirements.
Read about the OTHER 4 LOSSES HERE

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