Judge Gregory F. Van Tatenhove, appointed in 2005 by President Bush to the District Court for the Eastern District of Kentucky, has ruled President Biden “exceeded his statutory and constitutional authority” in Executive Order 14042 mandating vaccines for federal contractors. The opinion examines the authority delegated by Congress to the President to manage federal procurement of goods and services. Congress must provide clear authorization if it wants to delegate power of vast economic and political significance that alters the balance between state and federal power. The judge questioned how that authority over goods and services can translate into a health order covering 1/5 of the American workforce. In 2020, Ohio vendors had $12.5 billion in federal contracts. The judge pointed out the inefficiency that results from eliminating all bidders who do not vaccinate their workforces. The judge further opined that allowing this over-reach leaves no limit on federal authority. The opinion is here.
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