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Fifth Circuit Strikes Biden Administration’s Vaccine Mandate For Federal Contractors


Oh boy, take a seat for this one.  This past Monday, the Fifth Circuit Court of Appeals issued a ruling in which it held that the Biden Administration cannot lawfully require federal contractors to be vaccinated as a condition of getting a federal contract.

Readers might recall that the Biden Administration had previously implemented such a policy in September of 2021 in its effort to curtail Covid.  The argument followed that by requiring federal contractors to be vaccinated, it would further reduce the number of people vulnerable to Covid.  When the policy went into place, there was considerable push back from many who opposed the vaccine mandate, namely on the grounds that it exceeded any authority a President has to issue such mandates.  Nevertheless, the policy went into place with lawsuits challenging its validity being filed not long thereafter.

Earlier this year, the Eleventh Circuit Court of Appeals issued a similar ruling.  Monday’s 2 - 1 ruling by the Fifth Circuit serves to further inhibit the Biden Administration’s plans to implement this policy.  Does this mean the end of all such mandates issued by a President via executive order?  I would not necessarily say so, but the majority opinion noted that giving a President such unfettered discretion to issue these mandates would give a President (unlawful) nearly unlimited authority.


For additional information:  https://www.reuters.com/legal/appeals-court-says-us-cannot-mandate-federal-contractor-covid-19-vaccines-2022-12-19/

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