LINCOLN, Neb. (KCAU) — Nebraska Attorney General Doug Peterson and Missouri Attorney General Eric Schmitt are leading a 10-state coalition in filing a lawsuit to stop the vaccine mandate for federal contractors.
The lawsuit takes issue with the Biden Administration’s use of federal procurement statutes to mandate vaccinations through Executive Order 14042.
“For the first year and a half of the COVID-19 pandemic, both the Trump and Biden Administrations rightly acknowledged that the federal government lacks the authority to broadly mandate vaccines on the American people,” Peterson said in a release. “But all that changed on September 9, 2021, when the Biden Administration did an about-face and announced that it would impose a wide-ranging set of vaccine mandates, including one for employees of federal contractors. This far-reaching order is unconstitutional because it is the states, not the federal government, that are responsible for addressing such matters of public health.”
Schmitt said if the federal government attempts to unconstitutionality exert its will and force federal contractors to mandate vaccinations, the workforce and businesses could be further decimated. He said that could further exacerbate the supply chain and workforce crises.
Peterson also said there are significant ramifications from the mandate.
“It will impact countless employees, exacerbate existing workforce shortages, and create economic instability,” Peterson said. “Most importantly, it puts individual employees who happened to work for federal contractors out of a job if they simply make the personal choice not to be vaccinated. Hopefully, the court will resolve this legal matter quickly and provide clarity to employees who are understandably concerned about their ability to provide for their families.”
The lawsuit incorporates 12 counts, arguing that Biden’s September Executive Order violates the Procurement Act because, “Far from increasing economy and efficiency in procurement, the contractor vaccine mandate will have deleterious effects on economy and inefficiency by causing the large-scale resignations of unvaccinated employees of federal contractors. These disruptive consequences will directly oppose both ‘economy’ and ‘efficiency’.”
Iowa also joined the lawsuit with Gov. Reynolds saying that the suit is a challenge to “Biden’s unprecedented use of the government to force every employee of every federal contractor in America, including thousands of Iowans, to take a vaccine against their wishes.”
“I believe the vaccine is the best defense against COVID-19, but no one should be forced to choose between making a living or standing up for their personal beliefs. As long as I am governor, the State of Iowa will always stand alongside Iowans and to be sure their freedoms are protected,” Reynolds added.
The lawsuit also states that the vaccine mandate is unconstitutional, arguing, “Defendants, through their vaccine mandate, have exercised power far beyond what was delegated to the federal government by constitutional mandate or congressional action.”
The suit says it also violates the Procurement Policy Act, is an unlawful usurpation of states’ police powers, violates the Anti-Commandeering Doctrine, is a procedural violation of the Administrative Procedures Act, is a substantive violation of the Administrative Procedures Act, is a substantive violation of the APA as an agency action not in accordance with law and in excess of authority, is a substantive violation of the APA as an agency action that is arbitrary and capricious and is in violation of notice-and-comment requirements, violates the separation of powers, violates the Tenth Amendment and federalism, and is an unconstitutional exercise of the spending power.
The other states joining Missouri and Nebraska are Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming.