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Judges say Biden vaccine mandates lack congressionally-approved authority
Jan 23, 2022 1 min, 33 secs

President Biden is now batting 25% in his push for vaccine mandates on American workers, after a federal judge in Texas last week shut down the White House’s order requiring the federal workforce to get the shots.

The Biden team’s mandate requiring federal contractors — separate from direct federal employees — to get the shots has also been halted by the courts.

Biden’s policy requiring vaccines for medical workers who get federal money has survived, with the Supreme Court giving that one an OK, even as it shot down the OSHA mandate.

The issue in each of the cases isn’t whether the federal government could impose such a mandate.

“No matter how much President Biden wants to use his power as president of the United States to force federal employees to receive the COVID-19 vaccine, there is no law granting him such authority,” said Gene Hamilton, vice president of America First Legal and former counselor to the attorney general in the Trump administration, after Friday’s ruling.

In that decision, Judge Jeffrey Vincent Brown said the issue isn’t whether people should get vaccinated — he said they should.

“That, under the current state of the law as just recently expressed by the Supreme Court, is a bridge too far,” ruled Judge Brown, a Trump appointee to the bench in southern Texas.

“Let me update you that 98% of federal workers are vaccinated,” she said.

“It sounds like the sort of thing that states will be responding to, or should be, and that Congress should be responding to, or should be, rather than agency by agency, the federal government, the executive branch, acting alone,” he said.

In arguing its case to Judge Brown, the Biden administration had pointed to several sections of the law that said the president gets to set rules and regulations governing federal workers’ conduct and conditions of employment.

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