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As Governor Reeves said, Attorney...

As Governor Reeves said, Attorney General Fitch files lawsuit against President Biden’s COVID vaccine mandate

By: Frank Corder - November 5, 2021

The lawsuit asks the court to find that the federal contractor vaccine mandate is unlawful.

On Thursday, Mississippi Attorney General Lynn Fitch, with Louisiana Attorney General Jeff Landry and Indiana Attorney General Todd Rokita, filed a lawsuit to halt President Joe Biden’s COVID vaccination mandate for federal contractors.

Governor Tate Reeves had indicated earlier in the week that the state would be filing this action.

“The best path our founders provided states to push back on federal tyranny is through the courts. We are working closely with our Attorney General’s office,” Governor Reeves said on Tuesday. “I expect that we will have a lawsuit filed against the Biden administration by the end of the week to stop this ridiculous overreach.”

Attorney General Fitch’s lawsuit was filed in the United States District Court for the Western District of Louisiana. It asks the court to find that the federal contractor vaccine mandate is unlawful and enjoin its implementation.

“In an effort to check the box on universal vaccination, President Biden has vastly overreached his authority, putting the jobs of one-fifth of the American workforce in jeopardy and violating vital principles, including state sovereignty, the rule of law, and religious liberty,” said Attorney General Fitch. “The very fact that his own Administration is contradicting itself in directives carrying out his mandate is strong evidence of its lack of any foundation in fact or law. State Attorneys General asked the President to halt the mandate, and in the absence of any response, we are taking this legal action.”

“The Biden administration has time and time again shown a total disregard for Americans’ individual liberties,” said Governor Tate Reeves. “Their previous lie about not forcing vaccine mandates on the American people was just another example of their lengthy track record of not telling the truth. With this lawsuit, Mississippi is stepping up to defend its people against the Biden administration’s relentless attacks on freedom and personal choice. We will continue to use every tool at our disposal to stop President Biden’s flagrant abuse of power.”

Amongst other claims, the complaint notes that:

• The Administration failed to even try to connect its mandate with any statutory language that might authorize taking the action.

• The mandate violates the Nondelegation Doctrine by taking actions not authorized by Congress.

• The mandate violates the Tenth Amendment by encroaching on States’ traditional police power, again, without any clear Congressional authority to do so.

• The mandate violates the Spending Clause by asking contractors, including many State agencies, to comply with highly ambiguous guidance applying to contractual relationships already in place.

• The Administration failed to follow even the most rudimentary public protections for notice and comment publication in the Federal Register and rulemaking under the Administrative Procedures Act.

• By failing to even attempt to provide a reason or explanation for its conclusory actions, particularly on a matter of such significant economic impact and with overwhelming reliance interests at stake, the Administration’s actions are arbitrary and capricious.

You can read the full complaint here.

About the Author(s)
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Frank Corder

Frank Corder is a native of Pascagoula. For nearly two decades, he has reported and offered analysis on government, public policy, business and matters of faith. Frank’s interviews, articles, and columns have been shared throughout Mississippi as well as in national publications such as the Daily Caller. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father.