Federal judge blocks Biden’s last remaining COVID-19 vaccine rule

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A federal judge on Tuesday blocked the last of the Biden administration’s COVID-19 vaccine mandates.

The judge again sided with South Carolina Attorney General Alan Wilson and today blocked the vaccine requirement for federal contractors. This is the third time courts have agreed with Attorney General Wilson and blocked vaccine mandates imposed by the Biden administration.

Judge Stan Baker in the U.S. Court for the Southern District of Georgia (Augusta) heard oral arguments Friday and issued a preliminary injunction against enforcing the vaccine mandate.

“Abuse of power by the Biden administration has been stopped cold again. The rule of law has prevailed and liberty is protected. When the President oversteps his authority the law is thankfully there to halt his misuse of power,” Attorney General Wilson said.

The case was brought by Attorney General Wilson and Governor Henry McMaster, along with the attorneys general of Georgia, Alabama, Idaho, Kansas, Utah, and West Virginia and the governors of Georgia, Alabama, and Idaho, as well as other state entities.

Their lawsuit argues that the Biden administration’s mandate is unconstitutional because it violates the Tenth Amendment, which reserves to the states and the people the powers that are not delegated by the Constitution to the federal government. They also argue it’s unconstitutional because only Congress has the power to make rules, not the president. The mandate also violates the federal Procurement Act, the Administrative Procedures Act, and the federal Spending Clause.

Judges have already temporarily blocked vaccine mandates for healthcare workers and for private companies with 100 or more employees.

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