As we have discussed at length on this blog, for more than a year federal courts have repeatedly held that, for various reasons, President Biden lacked the authority to mandate by executive order that government contractors can force their employees to be vaccinated against COVID-19 as a condition of contracting with the federal government. Even when the government claimed that the vaccines would prevent people from catching or spreading COVID-19, at which time there was arguably a medical basis for a mandate, it was clear that there was no statutory or constitutional basis for the authority asserted in Executive Order 14042.
Continue Reading DOJ’s Quixotic Defense of the Vaccine Mandate May Undermine Presidential Authority