Georgia Judge Grants Stay of Federal-Contractor Vaccine Mandate Injunction

First he blocked the Biden administration’s federal contractor Covid-19 vaccine mandate with a preliminary injunction sought by state governments, including Georgia. Then the same federal judge granted a stay of future district court proceedings requested by the federal government as it appeals the nationwide injunction to the U.S. Court of Appeals for the Eleventh Circuit. Now Judge Raymond Stanley Baker of the U.S. District Court for the Southern District of Georgia is providing additional clarity about his orders, and which side is better suited to prevail based on the law.

In an order, the federal judge clarified that the preliminary injunction he granted on December 7 does not dispute “the effectiveness of vaccines in stemming the spread of the virus and lessening the risk of severe illness and death.”

“This case is not about whether individuals should become vaccinated or even whether the government, at some level, may mandate that some individuals must become vaccinated,” Baker’s order reads. “Rather, this case ultimately hinges on the narrow legal question of whether the statute at issue in this case, the Federal Property and Administrative Services Act, 40 U.S.C. § 101 et seq. (also known as ‘the Procurement Act’) authorizes the president to issue Executive Order 14042.”

Two days after a telephonic hearing on December 21, Baker denied the U.S. government’s initial request to stay the preliminary injunction. The federal government withdrew its request, leaving the preliminary injunction in effect.

However, Baker granted the U.S. government’s motion to stay future proceedings pending its appeal of the federal contractor vaccine mandate injunction to the U.S. Court of Appeals for the Eleventh Circuit.

The stay means Baker will hold off on proceedings before him while the federal government appeals the temporary nationwide ban that blocks enforcement of the Covid-19 vaccine mandate for federal contractors. But Baker noted in his order granting the stay that the plaintiffs’ claims of statutory overreach by the president will likely prevail.

The federal judge also pointed out in the order that the executive branch’s statutory authority to issue additional vaccine mandates had been examined in other courts, with each seeking “to issue decisions on the questions before them based not on the result the courts desire but rather the result the law demands.”

‘Request an Immediate Stay’

The stay of federal contractor vaccine mandate preliminary injunction proceedings is only the latest vaccine mandate development.

On December 17, the U.S. Court of Appeals for the Sixth Circuit reinstated the Occupational Safety and Health Administration (OSHA) vaccine-or-test mandate for businesses with more than 100 employees, prompting Georgia Attorney General Chris Carr to request high court intervention.

“BREAKING: Earlier this morning, we filed an application with the U.S. Supreme Court to request an immediate stay of the OSHA mandate while the courts consider our case to stop it altogether,” Carr tweeted on December 18. “This follows yesterday’s ruling from the 6th Circuit U.S. Court of Appeals to lift the nationwide stay of the vaccine mandate for employers with 100+ workers. We will always fight to protect the rights of our citizens & continue to defend our state against these lawless mandates.”

Carr took to Twitter again on December 22 to publicize upcoming federal high court arguments surrounding the OSHA vaccine-or-test mandate.

“BREAKING: On January 7, the U.S. Supreme Court will hear arguments in two of our challenges to Biden’s vaccine mandates: for healthcare workers and businesses with 100 or more employees,” Carr tweeted.

The tweet came one day before Baker’s December 23 ruling granting the federal government’s stay of the federal vaccine mandate preliminary injunction pending appeal. As of Tuesday, Carr had not issued a statement nor publicly commented on the development.

From: Daily Report