Missouri AG Schmitt files suit against Biden vaccine mandate for federal contractors
Missouri Attorney General Eric Schmitt and nine other state attorneys general filed a lawsuit Friday against President Joe Biden’s COVID-19 vaccine mandate for federal contractors, a day after Florida launched its own challenge.
The lawsuit, led by Schmitt and Nebraska Attorney General Doug Peterson, contends the mandate is an unconstitutional exercise of federal power that violates procurement law and administrative procedures.
Biden issued an executive order last month requiring federal contractors, which include a vast array of businesses and organizations, to ensure they employ vaccinated workers with limited exemptions for medical and religious reasons. A deadline has been set for Dec. 8.
“According to the U.S. Department of Labor, workers who are employed by a federal contractor make up one-fifth of the entire labor market. If the federal government attempts to unconstitutionally exert its will and force federal contractors to mandate vaccinations, the workforce and businesses could be decimated, further exacerbating the supply chain and workforce crises,” Schmitt, a Republican, said in a statement.
“The federal government should not be mandating vaccinations, and that’s why we filed suit today – to halt this illegal, unconstitutional action,” he added.
The lawsuit alleges the mandate doesn’t follow procurement law, which requires that the federal government have “an economical and efficient system for” procurement. The mandate will harm the economy and is too broad, the complaint says.
The lawsuit follows Thursday’s announcement by Florida Republican Gov. Ron DeSantis of the state’s own litigation. DeSantis also said the mandate violates procurement law.
The suit adds to a growing body of litigation filed by Schmitt, a candidate for U.S. Senate, against the Biden administration and pandemic-related regulations. Schmitt is challenging local mask ordinances across Missouri, as well as decisions by school districts to require students to wear masks.
In response to the Florida and Missouri lawsuits, a White House official disputed the claim that the mandate violates federal procurement law, telling McClatchy the president “has authority to protect the federal workforce and promote efficiency in federal contracting in this way.”
The White House has also noted strong compliance in businesses that have already mandated vaccination, including United Airlines and Tyson Foods.
“You know, to be clear, the requirements for federal workers and contractors will not cause disruption,” White House COVID-19 response coordinator Jeff Zients said this week.
In predicting problems caused by mandates, some critics have pointed to New York City, where a directive for municipal employees is set to go into effect Friday afternoon. The Associated Press has reported the city’s fire department said it was preparing to close 20% of its fire companies and have 20% fewer ambulances in service because non-compliant workers would be placed on leave.
In Kansas, public universities have interpreted the federal contractor mandate to apply to them and are requiring employees to be vaccinated by the deadline. The University of Missouri system has issued no similar requirement, however.
The vaccine mandate for federal contractors is separate from an upcoming rule the Occupational Safety and Health Administration is expected to issue that would require most businesses with 100 employees or more to ensure their workforces are vaccinated or regularly tested.
Missouri Republicans have been lining up to oppose the planned OSHA rule since its announcement last month. Business groups, including nursing home associations and the Missouri Chamber of Commerce, testified in back-to-back hearings that they feared staff would quit en masse rather than comply.
Hard-right lawmakers made a vocal push in the state House to pass legislation somehow exempting Missouri from the proposed rule. They floated an idea similar to the state’s new Second Amendment law that bars cooperation with a variety of federal gun enforcement actions.
With the legislature out of session and the rule not yet issued, Gov. Mike Parson and lawmakers appeared to coalesce instead behind Schmitt’s plan to sue the Biden administration over the regulations. Parson on Thursday ordered executive branch state agencies to cooperate with any litigation by Schmitt to challenge the federal requirements.
Schmitt is certain to also challenge the OSHA rule, saying this week that his office will “stand ready, willing, and able to file suit against the employer vaccine mandate when OSHA publishes their forthcoming rule.”
McClatchyDC’s Bryan Lowry contributed reporting
This story was originally published October 29, 2021 at 12:53 PM.
