Federal Contractor Vaccine Mandate Lacks Authority - uschamber.com
The COVID-19 pandemic has caused major disruptions to both our economy and every day life. Yet despite all the changes, some of which may be with us even after the pandemic has eased, there are bedrock principles that remain and are vital to how our country functions.
America and our economy have faced an unprecedented crisis in the COVID-19 pandemic, as it has caused upheaval and disrupted many standards. Yet despite all the changes, some of which may be with us even after the pandemic has eased, there are bedrock principles that remain and are vital to how our country functions. One of these is that the president can only act based on authority granted to him by Congress, consistent with the Constitution. President Biden’s mandate that employees of federal contractors must receive the COVID-19 vaccine goes beyond that authority.
As part of President Biden’s plan to address the pandemic and increase the uptake of COVID-19 vaccines, he decreed through an executive order that all federal contracts and subcontracts include a clause directing that all employees working on a federal contract or working at a facility where work on a federal contract is performed be fully vaccinated against COVID-19 by a certain date. To support his order, President Biden relies on the Procurement Act, a 1949 law passed to provide the federal government with an “economical and efficient system” for purchasing goods and services. But the president points to this language to justify imposing...
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