Several states sue Biden administration to halt federal vaccine mandate

Federal contractors have until Dec. 8 to provide proof of vaccination or face potential termination.
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Anti-vaccination sign.
Anti-vaccination sign protest May 16, 2020 in Woodland Hills, California.
(David McNew/Getty Images)

A group of Republican attorneys general on Friday sued the Biden administration to challenge its vaccine mandate for federal contractors.

The suit led by Missouri Attorney General Eric Schmitt argues the Biden administration is violating the federal Procurement Act by instituting the vaccine mandate for contractors. 

"Far from increasing economy and efficiency in procurement, the contractor vaccine mandate will have deleterious effects on economy and inefficiency by causing the large-scale resignations of unvaccinated employees of federal contractors," the lawsuit reads. 

The lawsuit also argues Biden's executive order mandating the COVID-19 vaccine for all federal workers unconstitutional. 

"Defendants, through their vaccine mandate, have exercised power far beyond what was delegated to the federal government by constitutional mandate or congressional action," the suit states. "Neither Article II of the U.S. Constitution nor any act of Congress authorizes defendants to implement their vaccine mandate. The power to impose vaccine mandates, to the extent that any such power exists, is a power reserved to the States."

In a statement obtained by Just the News, Schmitt argues that the states are “fighting back against this absurd federal overreach."

"According to the U.S. Department of Labor, workers who are employed by a federal contractor make up one-fifth of the entire labor market," Schmitt said in the statement. "If the federal government attempts to unconstitutionally exert its will and force federal contractors to mandate vaccinations, the workforce and businesses could be decimated, further exacerbating the supply chain and workforce crises."

The lawsuit is asking the court to issue a national temporary injunction halting the vaccine mandate.

Federal contractors have until Dec. 8 to provide proof of vaccination or face potential termination. Unlike most mandates, federal contractors do not have the ability to test weekly as an alternative to getting vaccinated.

The states who have joined the lawsuit include Nebraska, Alaska, New Hampshire, Montana, North Dakota, South Dakota, Iowa, Arkansas, Wyoming and Missouri.