In the United States, a panel at an appeals court fighting against President Joe Biden’s Powers on Thursday. Three courts weigh the question of whether the president has the power to bar government contracting agencies that do not need COVID-19 vaccinations for workers. Last year, a Kentucky federal judge blocked Biden’s administration bid in the challenge by Republican-led three states. So, a three-judge panel of the 6th appeals court at Cincinnati, Ohio, heard oral arguments to revive the mandate. Here’s everything about Biden’s power to impose a COVID-19 vaccine mandate on contractors.
This decision applies to three states that had sued over the mandate. These three states are Tennessee, Ohio, and Kentucky. But last year in Georgia, a federal judge blocked the policy in a lawsuit that other three states brought. The 11th Circuit listened to the arguments of that order in the administration’s appeal in April. In addition, the 5th and 6th circuits are taking into consideration the pleas from verdicts that blocked vaccine mandates in many other states.
Joshua Revesz from the Department of Justice in the United States is the person who argued for president Biden’s administration. He revealed to the 6th panel of the Circuit that the mandate was within the power of president Biden because it simply relates to procurement policies of federal agencies. In actuality, it does not compel individual workers to get COVID-19 vaccinations.
Joan Larsen is the Circuit Judge, and he said that the argument completely disregarded the practical outcomes of the mandate. Moreover, federal contractors employ around 20 percent of workers in the United States. He also said that this order could not regulate the agencies while ordering staples. But it controls the way of manufacturing the staples. Circuit Judges Eugene Siler and David McKeague were also part of this panel. All three judges of the board are representatives of Republican presidents.
Matthew Kuhn of the Attorney General’s Office in Kentucky argued with states. He also agrees with Joan Larsen and believes that the COVID-19 vaccine need had far-reaching employer implications. For instance, the University of Louisville in Kentucky mentioned its dependence on federal contracts while announcing a vaccine requirement for its employees regarding Biden’s order.
Last year, President Biden’s administration forced different COVID-19 vaccine requirements on workers of various sectors. Some of them are individuals of big private businesses, employees of healthcare departments, and federal workers. However, the United States Supreme Court invalidated the private-sector mandate in January while verifying the healthcare need.
Currently, the 5th Circuit is taking into consideration the appeal of the administration of a ruling judge that blocked the need for federal workers.
The case is Kentucky v. Biden, 6th U.S. Circuit Court of Appeals, No. 21-6147.
Matthew Kuhn of the Kentucky Attorney General’s office: for the states.
Joshua Revesz of the U.S. Department of Justice: for the Biden administration.
To Sum Up
Biden’s power to impose a COVID-19 vaccine mandate on contractors can take interesting turns. The US court in Georgia believes that president Biden most likely surpassed his power under the Procurement Act. Therefore, it discontinued the Biden administration’s vaccine mandate. The court also said that the mandate is expensive and laborious, resulting in fewer workers available.
