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A federal judge for the Southern District of Georgia issued a nationwide preliminary injunction on Tuesday barring the Biden administration from enforcing its COVID-19 vaccine mandate for employees of federal contractors.
Universities that receive federal contracts are subject to the Biden administration mandate, which was scheduled to go into effect in January and which had prompted many universities in red states, where mandates are politically unpopular, to move ahead with requiring vaccination for employees, including student employees, so as not to jeopardize federal contract dollars.
The ruling came in response to a lawsuit filed by the states of Alabama, Georgia, Idaho, Kansas, South Carolina, Utah and West Virginia and various state agencies, including the Board of Regents of the University System of Georgia. The lawsuit argued that public universities in Georgia would “suffer significant harm” as a result of the mandate.
In issuing the nationwide preliminary injunction, U.S. District Judge R. Stan Baker, an appointee of former president Trump, found that the plaintiffs will likely succeed in their claim that the mandate exceeded Biden’s authority under the Federal Procurement Act.
“The Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe,” Baker wrote. “However, even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities.”
Baker’s ruling noted that the states presented testimony from representatives of three University System of Georgia institutions: Augusta University, the Georgia Institute of Technology and the University of Georgia.
”These witnesses each testified generally about their respective research institution’s participation in and reliance on federal contracting, and they provided data regarding the number of employees who work on federal contracts at their institution and the amount of funds received by their institution as a result of its various federal contracts,” he wrote. “They also each provided even more detailed testimony about the laborious undertakings they have had to perform to comply with the mandate, particularly with the impending January 18 deadline … Finally, they testified to having a number of employees who have not yet provided proof they are vaccinated or are in the process of becoming vaccinated, and the concern it causes them that many employees will ultimately decline to be vaccinated, meaning the institution will ultimately be non-compliant and may lose valuable employees.”
Federal judges have also temporarily blocked nationwide enforcement of two other Biden administration vaccine mandates, one requiring COVID-19 vaccination or weekly testing for employees who work for large employers, and another requiring vaccination for health-care workers whose employers receive Medicaid or Medicare funds.
In announcing the preliminary injunction halting the mandate for federal contractors, Georgia attorney general Chris Carr said, “This nationwide halt is the result of our own lawsuit and marks the third of Biden’s vaccine mandates to be stopped by the courts.”
“We will continue to stand up for the rule of law to protect our state and our citizens from this unconstitutional and unprecedented federal overreach,” he said.
White House press secretary Jen Psaki said Tuesday during a press briefing that the Biden administration ordered these requirements because “we know they work, and we are confident in our ability legally to make these happen across the country.” She added that the Department of Justice will continue to “vigorously defend” the mandate in court.
The federal government has “successfully implemented these requirements in a way that has not only boosted vaccinations in the federal government with more than 92 percent of people vaccinated, but also helps avoid disruptions [to] operations,” Psaki said. “And our implementation sends a clear message to businesses, including federal contractors, that similar measures will protect their workforce, protect their customers and protect our communities.”
Matthew Boedy, president of the Georgia chapter of the American Association of University Professors and an associate professor of rhetoric/composition at the University of North Georgia, said that while he was disappointed in the ruling, “there was already limited benefit to college campuses in Georgia, as only a few had contracts that forced the vaccine mandate.”
“While I believe many of my fellow faculty and staff are fully vaccinated, this mandate would have pushed more to get the shot and so made those schools more protected,” Boedy said. “Hopefully many had already gotten a shot and those who are scheduled to because of the mandate will follow through despite today’s ruling.”
Augusta University, Georgia Tech and the University of Georgia all announced they were suspending the requirement that employees be vaccinated against COVID-19 in light of the preliminary injunction.
“If you are a Georgia Tech employee who was notified that you are subject to the federal contractor vaccination requirement, that requirement has been temporarily suspended,” the Georgia Tech announcement says. “Despite this temporary suspension, Georgia Tech strongly encourages those employees identified as subject to the federal contractor vaccine requirement to consider getting vaccinated so that you will be in compliance with the January 18, 2022, deadline in the event the injunction is changed or lifted due to ongoing litigation.”
