A federal court in Louisiana has blocked the federal mandate that companies with 100 or more employees require workers get vaccinated against Covid-19 or be tested weekly. Mississippi was one of several states on the lawsuit. A panel of judges for the New Orleans-based Fifth Circuit Court of Appeals issued the Stay on Saturday.
The court’s opinion stated: "Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court."
The government has until 5 p.m. Monday to respond to the court concerning to the plaintiffs' request for a permanent injunction.
MEC will continue to provide information and resources as it relates to the U.S. Department of Labor's Occupational Safety and Health Administration’s new emergency temporary standard.
Mississippi Files Lawsuit to Stop President Biden’s Federal Contractor Vaccine Mandate
The state of Mississippi recently announced the filing of a lawsuit to stop President Biden’s federal contractor vaccine mandate. The lawsuit seeks to declare the contractor vaccine mandate unlawful and prevent its enforcement. The Governor’s Office is working closely with the Attorney General’s Office to file a second lawsuit, challenging the OSHA vaccine mandate for businesses with 100 or more workers.
“The Biden administration has time and time again shown a total disregard for Americans’ individual liberties,” said Governor Tate Reeves. “Their previous lie about not forcing vaccine mandates on the American people was just another example of their lengthy track record of not telling the truth. With this lawsuit, Mississippi is stepping up to defend its people against the Biden administration’s relentless attacks on freedom and personal choice. We will continue to use every tool at our disposal to stop President Biden’s flagrant abuse of power.”
Key arguments in the lawsuit include:
- President Biden has exceeded his authority by mandating COVID-19 vaccinations for all employees of federal contractors and subcontractors.
- Federal agencies failed to follow the required procedures to adopt a federal contractor vaccine mandate and their actions were unlawful, arbitrary, and capricious.
- The contractor vaccine mandate is an exercise of nonexistent federal police powers over matters of public health and violates the 10th Amendment.
- The contractor vaccine mandate violates other provisions of the Constitution including the Nondelegation Clause, the Anti-Commandeering Doctrine, and the Spending Clause.
“The Biden Regime has used World War II Era procurement laws to impose a vaccine mandate on one-fifth of all Americans,” said Governor Tate Reeves. “The unprecedented and clearly unconstitutional contractor vaccine mandate is the desperate act of a fading tyrant frustrated by Americans exercising their fundamental rights of freedom and self-determination.”
The lawsuit can be found here.