Biden has no authority to mandate vaccines for federal employees, judge rules
A federal judge in Texas shot down the Biden administration’s vaccine mandate for federal workers.
A lawsuit was filed in December by Feds for Medical Freedom, compromised of government employees from various agencies and AFGE 918, a union which primarily represents employees from the Federal Protective Service and Cybersecurity Infrastructure Security Agency.
Citing the Supreme Court’s most recent decision against OSHA, U.S. District Judge Jeffery Vincent Brown ruled there is a difference between public health measures and setting workplace and safety standards.
“The President certainly possesses ‘broad statutory authority to regulate executive branch employment policies,’” the judge wrote. “But the Supreme Court has expressly held that a COVID-19 vaccine mandate is not an employment regulation. And that means the President was without statutory authority to issue the federal worker mandate.”
Brown made clear that getting vaccinated is the best protection against COVID-19 and the lawsuit had to do with whether or not a president could issue such a sweeping order with the stroke of a pen.
The Justice Department will appeal the ruling, a spokesman said.
Following the ruling, a Biden administration spokesperson said "we are confident in our legal authority."
"Importantly, as we face the most transmissible variant to date, every leader should be focused on using the tools we know work to protect the American people. Vaccination is our strongest tool against the virus," the spokesperson said in a statement, noting that more than 93% of federal employees have gotten at least one vaccine dose.
-ABC News' Luke Barr