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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 Georgia judge paused that decision, granting a stay requested by the federal government as it appeals the nationwide injunction to the US Court of Appeals for the Eleventh Circuit.
Now Judge Raymond Stanley Baker of the US 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.
‘Narrow legal question’
In an order, the federal judge clarified that the preliminary injunction he granted Dec. 7 did not dispute “the effectiveness of vaccines in stemming the spread of the virus and lessening the risk of severe illness and death.”
Judge Raymond Stan Baker, US District Court judge for the Southern District of Georgia. Courtesy photo
“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 read. “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 USC § 101 et seq. (also known as “the Procurement Act”) authorizes the president to issue Executive Order 14042.”
Two days after a telephonic hearing on Dec. 21, Baker granted the US government’s motion to stay, pending its appeal of the federal contractor vaccine mandate injunction to the US 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 would 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 of the courts desire but rather the result the law demands.”
Read the order
‘Request and immediate stay’
The stay of federal contractor vaccine mandate preliminary injunction proceedings is the latest in recent vaccine mandate developments.
Georgia Attorney General Chris Carr
On Dec 17, the US Court of Appeals for the Sixth Circuit reinstated the Occupational Safety and Health Administration vaccine-or-test mandate for businesses with more than 100 employees, prompting Georgia Attorney General Chris Carr to request for high court intervention.
“BREAKING: Earlier this morning, we filed an application with the US Supreme Court to request an immediate stay of the OSHA mandate while the courts consider our case to stop it altogether,” Carr tweeted Dec. 18. “This follows yesterday’s ruling from the 6th Circuit US 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 Dec. 22 to publicize upcoming federal high court arguments surrounding the OSHA vaccine-or-test mandate.
“BREAKING: On January 7, the US 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 Dec. 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.
This follows yesterday’s ruling from the 6th Circuit US 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.
— GA AG Chris Carr (@Georgia_AG) December 18, 2021
