First, it blocked administration federal contractor Biden’s COVID-19 vaccine mandate with a preliminary injunction sought by state governments, including Georgia. Then the same Georgia federal judge stayed that decision, granting a stay requested by the federal government as it appeals the national injunction to the United States Court of Appeals for the Eleventh Circuit.
Now Judge Raymond Stanley Baker of the United States District Court for the Southern District of Georgia is providing further clarification on his orders and which side is best to prevail on the basis of the law.
“Narrow legal question”
In an order, the federal judge clarified that the preliminary injunction he had granted on December 7 did not contest “the effectiveness of vaccines in stemming the spread of the virus and reducing the risk of serious illness and death”.
“This case is not about whether individuals should be vaccinated or even whether the government, at some level, can require certain people to be vaccinated,” Baker’s order said. Rather, this case ultimately depends on the narrow legal question of whether the law at issue in this case, the Federal Property and Administrative Services Act, 40 USC § 101 et seq. (also known as the “Public Procurement Law”) authorizes the President to issue Executive Decree 14042. “
Two days after a December 21 telephone hearing, Baker granted the U.S. government suspension motion, pending his appeal of the federal contractor’s vaccine warrant injunction to the United States Court of Appeals for the eleventh circuit.
The stay means Baker will stay proceedings before him while the federal government appeals the nationwide temporary ban that blocks the application of the COVID-19 vaccine mandate for federal contractors.
But Baker noted in his order granting the stay that the plaintiffs’ claims of overbreadth of the law by the president would likely prevail.
The federal judge also pointed out in the order that the statutory power of the executive to issue additional vaccine warrants has been considered by other courts, each seeking “to render decisions on the matters before them on the basis not of the result desired by the courts but rather of the result the law requires.
‘Immediate request and stay’
The suspension of the preliminary injunction proceedings of the federal contractor’s vaccine mandate is the latest of recent developments in the vaccine mandate.
On December 17, the U.S. Sixth Circuit Court of Appeals reinstated the Occupational Safety and Health Administration’s vaccine or testing mandate for companies with more than 100 employees, prompting the attorney general to Georgia, Chris Carr, to seek the intervention of a high court.
“BREAKING: Earlier this morning, we filed an application with the United States Supreme Court to request an immediate suspension of OSHA’s mandate while the courts review our case to bring it to a complete stop,” Carr tweeted December 18. “This follows yesterday’s decision by the U.S. 6th Circuit Court of Appeals to lift the national suspension of the immunization mandate for employers with more than 100 employees. We will always fight to protect the rights of our citizens and will continue to defend our state against these lawless mandates. “
Carr took to Twitter again on December 22 to share the Federal High Court’s upcoming arguments regarding OSHA’s vaccine or testing mandate.
“BREAKING: On January 7, the United States Supreme Court will hear arguments in two of our challenges to Biden’s vaccine warrants: for healthcare workers and companies with 100 or more employees,” Carr tweeted.
the Tweeter came a day before Baker’s Dec.23 decision granting the federal government the stay of the preliminary injunction of the federal vaccine mandate pending appeal. Carr had not released a statement or commented publicly on the development as of Tuesday.
This follows yesterday’s decision by the U.S. 6th Circuit Court of Appeals to lift the nationwide suspension of the immunization mandate for employers with more than 100 workers. We will always fight to protect the rights of our citizens and will continue to defend our state against these lawless mandates.
– GA AG Chris Carr (@Georgia_AG) December 18, 2021