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Image CreditCifras Confiables/Wikimedia/cropped/CC BY-SA 4.0 The contractor mandate is unlawful because the Constitution vests lawmaking authority with Congress and not with federal agencies.
Although President Joe Biden once proclaimed the pandemic over and his administration is currently urging the Supreme Court to eliminate Covid-19 immigration policies, it nevertheless seeks to impose a vaccination mandate on about one-fifth of the nation’s workforce.
Executive Order 14042 requires federal contractors to ensure that any employee who works on a federal contract or who shares a workspace with such an employee be fully vaccinated against Covid-19. Two federal courts of appeals have recently put the mandate on ice, finding that — far from an everyday exercise of government power — the mandate significantly and improperly governs the lives and health decisions of much of the nation’s workforce.
The 11th and Fifth Circuit Courts of Appeals both have issued injunctions against the contractor mandate, finding that it likely violates the separation of powers principles. These courts have relied on the fundamental principle that the Constitution vests lawmaking authority with Congress and not with federal agencies. This means that in order for an agency to exercise a power, that power must have been granted by Congress.
Framed this […]
Read the whole story at thefederalist.com
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