Biden’s vaccine mandate losses mount as 3 federal judges cite executive overreach in 2 days

President Joe Biden
U.S. President Joe Biden.

By , The Center Square

President Joe Biden lost three federal challenges to his vaccine mandates in just two days this week, with judges ruling the mandates are executive branch overreach and likely unconstitutional.

Federal judges in Missouri, Kentucky and Louisiana issued rulings on Monday and Tuesday in separate cases filed by multiple states, handing primarily Republican attorneys general sweeping victories and ensuring workers wouldn’t be fired for refusing to take the COVID-19 shots.

On Tuesday, U.S. District Judge Gregory Van Tatenhove in Kentucky blocked Biden’s mandate imposed on federal contractors in response to a lawsuit filed by the attorneys general of Kentucky, Ohio and Tennessee.

Landry led a 14-state coalition that sued the Biden administration, arguing the mandate violates the Administrative Procedure Act, the Social Security Act, the Congressional Review Act and the U.S. Constitution.

Thirteen states joined Louisiana, including Arizona, Alabama, Georgia, Idaho, Indiana, Kentucky, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia.

Montana Attorney General Austin Knudsen said of the ruling, “In the past weeks, I’ve heard from healthcare workers across our state whose jobs were being threatened if they did not comply with President Biden’s overreaching federal mandate. With the CMS mandate now blocked in Montana until the case is decided, medical facilities have no reason to threaten their employees if they don’t get the vaccine.”

The rulings came after one issued on Monday by U.S. District Judge Matthew Schelp in Missouri. Schelp granted a preliminary injunction in 10 states that sued over the health care worker mandate, including Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.

-- Advertisement – Story Continues Below --

“Congress did not clearly authorize CMS to enact this politically and economically vast, federalism-altering, and boundary-pushing mandate,” Schelp argued.

Liberty Counsel Founder and Chairman Mat Staver, who has sued over the mandates on behalf of federal employees, Navy SEALs and members of the U.S. military, said, “It is promising that these federal judges are acknowledging that Biden has no authority to issue unlawful shot mandates to any person in America. It’s a matter of time before more courts rule against this administration’s agenda to force people to choose between their livelihood and religious beliefs and injecting an experimental drug into their bodies.”

In each ruling, the judges restrained the U.S. Department of Health and Human Services and the CMS, their directors, employees, Administrators and Secretaries from implementing the mandate, as well as all healthcare providers, suppliers, owners, employees and all others it attempts to cover.

The preliminary injunctions will remain in effect pending the final resolution of the cases, or until their respective appellate courts, or ultimately, the U.S. Supreme Court rules on the matter.

Earlier in November, the Fifth U.S. Circuit Court in New Orleans twice ruled against Biden’s private sector vaccine mandate, citing “grave” constitutional concerns.


The Center Square is a 501(c)(3) non-profit focused on state- and local-level government and economic reporting.