On Wednesday, a US appeals court ruled that President Joe Biden has the power to require employees of federal contractors to receive COVID-19 vaccinations, throwing out a previous judge's ruling that had blocked the mandate in Arizona. The decision was made by a panel of the San Francisco-based 9th US Circuit Court of Appeals, which stated that the order that applied to millions of workers nationwide fell under the broad powers granted by the federal Procurement Act. This act allows the President to adopt rules that promote economy and efficiency in federal contracting. The decision was made in response to a challenge to the mandate by the office of former Arizona Attorney General Mark Brnovich, a Republican, on behalf of the state.
The federal judge in Phoenix who blocked the mandate in Arizona last year argued that allowing the vaccine requirement would grant the President "a breathtaking amount of authority." However, the appeals court reversed this decision, creating a split with three other appeals courts that have said Biden exceeded his authority and blocked the vaccine mandate in 13 Republican-led states.
The decision comes after the US Supreme Court blocked Biden's mandate that businesses with 100 employees require workers to receive COVID-19 vaccines or undergo regular testing. The White House had directed agencies not to seek to enforce the contractor mandate in light of several pending legal challenges and rulings blocking the requirement. The U.S. Department of Justice and the White House did not respond to requests for comment. The office of Arizona Attorney General Kristin Mayes, a Democrat who took office in January, also did not immediately respond to a request for comment.
