Gov. Kemp Leads Lawsuit Against President Biden Over Vaccine Mandate for Federal Contractors

Atlanta, GA – Governor Brian P. Kemp and Attorney General Chris Carr will file a complaint later today, joined by Alabama, Idaho, Kansas, South Carolina Gov. Henry McMaster, Utah, and West Virginia, against President Joe Biden and many federal agencies within the administration in the U.S. District Court for the Southern District of Georgia (Augusta Division). The complaint, in part, explains how the Biden Administration’s unprecedented, unlawful, and unconstitutional COVID-19 vaccination mandate for federal contractors has placed Georgia’s state agencies and elected officials, including Governor Kemp, the Georgia Department of Agriculture, and the University System of Georgia, in an untenable situation.

"In addition to being an unlawful and unconstitutional overreach, this vaccine mandate on federal contractors will only further divide Americans and hamstring our economy,” said Governor Kemp. "Polling shows 70 percent of unvaccinated Americans say they would quit their jobs if their company required the COVID-19 vaccine. From an employer's perspective, 9 in 10 fear significant reductions in their workforce if they had to implement vaccine mandates. We will not allow the Biden Administration to circumvent the law or force hardworking Georgians to choose between their livelihood or this vaccine.”

“We are filing suit against the Biden administration in response to the government mandate placed on Georgia’s federal contractors,” said Attorney General Chris Carr. “We will challenge this heavy-handed directive that not only serves as a clear violation of law but also places immense burden on our state. Just as we believe in protecting the physical health and well-being of our fellow Georgians, we are equally dedicated to protecting them from the unlawful actions of the federal government.”

“We have deep concerns about this mandate because of facilities we share with other state agencies named in this lawsuit," said Georgia Department of Agriculture Commissioner Gary W. Black. "It’s also critical that we keep our goods flowing from port to processing, particularly when it comes to our essential food supply chains, and President Biden’s vaccine mandate for federal contractors could significantly impede those efforts."

The plaintiffs are asking the court to enjoin the defendants and those acting in concert with them from enforcing the mandate on any State of Georgia federal contracting agency, subcontractor, and employee.

President Biden and the other federal defendants have acted unlawfully in many ways:

• They have acted in excess of their authority under the Procurement Act;
• They have failed to conform with the rules for changing federal procurement policy;
• They have claimed powers which, under the United States Constitution, cannot be delegated to them;
• They have acted in violation of the separation of powers and the Tenth Amendment;
• They have ignored the requirements of the Administrative Procedure Act; and
• They have violated the Spending Clause of the United States Constitution.

A copy of the complaint can be made available upon request to the Office of the Attorney General.