Kemp, Carr sue Biden White House over health care workers' vaccine mandate

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Last month, Gov. Brian Kemp and Attorney General Chris Carr filed suit in the Southern District of Georgia challenging the vaccine mandate for federal contractors. A hearing on the plaintiffs’ request for a preliminary injunction is scheduled for Dec. 7.

Credit: Tim Darnell/Capitol Beat News Service

Georgia filed another lawsuit Tuesday over President Joe Biden’s controversial COVID vaccine mandates, this time for health care workers.

Gov. Brian Kemp and Attorney General Chris Carr are seeking to prevent the U.S. Department of Health and Human Services and Centers for Medicare & Medicaid Services (CMS) from enforcing the mandate on workers at Medicare and Medicaid-certified facilities. 

Like previous court challenges filed by Kemp and Camp, the new lawsuit asserts the vaccine mandate is unlawful and unconstitutional.

According to the lawsuit, the mandate: 

• Exceeds CMS’ statutory authority under the Social Security Act. 
• Involves an unlawful attempt to supervise or control the practice of medicine in violation of federal law.
• Was issued without statutorily required public notice and comment, violates the Congressional Review Act and is arbitrary and capricious.
• Was issued without consulting the appropriate state and local agencies in violation of federal law.
• Was issued without public notice and comment for all new rules that will have a significant impact on rural hospitals.
• Violates the Spending Clause by placing an unconstitutional condition on receipt of federal funds.
• Violates the Anti-Commandeering Doctrine by directing state officers to administer federal law.
• Violates the 10th Amendment because the federal government lacks the power to mandate vaccines.

“After health care heroes went above and beyond the call of duty to keep Americans safe and healthy throughout the COVID-19 pandemic, Joe Biden is now threatening their livelihood if they refuse COVID-19 vaccination,” said Kemp.

“Yet another unlawful mandate from this administration will only worsen worker shortages in a critical-need area as we continue to balance the everyday health care needs of hardworking Georgians and fighting COVID-19.”

“President Biden’s reckless ‘one-size-fits-most’ approach to governing continues to create immense disruption and uncertainty for Georgia businesses and employees,” Carr added. “Georgia health care providers, particularly those located in our rural areas, cannot afford to lose workers or lessen care services due to the unlawful actions of the federal government.”

Georgia has joined 11 other Republican-led states in filing the lawsuit with the U.S. District Court for the Western District of Louisiana.

Last month, Kemp and Carr filed suit in the Southern District of Georgia challenging the vaccine mandate for federal contractors. A hearing on the plaintiffs’ request for a preliminary injunction is scheduled for Dec. 7.

Earlier this month, Kemp and Carr also filed suit in the U.S. 11th Circuit Court of Appeals to challenge a vaccine mandate for employers with 100 or more workers.

This story comes to GPB through a reporting partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.