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Kemp, McMaster suing Biden in Augusta over vaccine mandate

Published: Oct. 29, 2021 at 4:14 PM EDT
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AUGUSTA, Ga.(WRDW/WAGT) - Gov. Brian P. Kemp and state Attorney General Chris Carr announced plans Friday to file a complaint against President Joe Biden and many federal agencies within the administration.

The complaint will be filed in Augusta in U.S. District Court for the Southern District of Georgia.

Kemp and Carr will be joined in the lawsuit by South Carolina Gov. Henry McMaster, as well as leaders from Alabama, Idaho, Kansas, Utah and West Virginia.

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,” Kemp’s office said Friday in a news release.

“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 Kemp.

Carr said: “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.”

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.

The plaintiffs allege Biden and the other federal defendants have acted unlawfully in ways that include:

  • Acting in excess of their authority under the Procurement Act.
  • Failing to conform with the rules for changing federal procurement policy.
  • Claiming powers that, under the U.S. Constitution, cannot be delegated to them.
  • Acting in violation of the separation of powers and the 10th Amendment.
  • Ignoring the requirements of the Administrative Procedure Act.
  • Violated the Spending Clause of the U.S. Constitution.

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