DOJ urges court to toss lawsuit
Biden’s lawyers: Florida’s argument is based on a ‘mirage of impending economic calamity’
TALLAHASSEE — President Joe Biden administration attorneys this week urged a judge to reject Florida’s attempt to block a COVID-19 vaccination requirement for federal contractors, saying the state has “presented what is largely a mirage of impending economic calamity.”
In a document filed Wednesday in federal court in Tampa, U.S. Department of Justice attorneys wrote that Florida has not shown that it will be harmed by the vaccination requirement and argued Biden has broad authority over federal contracting.
“COVID-19 hobbled the economy for months and continues to disrupt American life. Federal procurement is no exception. The president, as the ultimate manager of federal procurement operations, determined that workplace safeguards aimed at preventing COVID-19’s spread will decrease worker absence, reduce labor costs, and improve the efficiency of contractors and subcontractors at sites where they are performing work for the federal government,” the document said. “Slowing COVID-19’s spread promotes economy and efficiency because federal procurement — like any business endeavor — suffers when people contracting with the federal government get sick and miss work.”
The document was filed in opposition to Florida’s motion for a preliminary injunction against the vaccination mandate, which is rooted in Biden’s September executive order. U.S. District Judge Steven Merryday is scheduled to hear arguments on the motion Dec. 7.
Florida sued in October, contending that Biden overstepped his authority with the requirement that workers of federal contractors be vaccinated. Lawyers in Attorney General Ashley Moody’s office also argued that Florida would be injured because state agencies have contracts with the federal government.
“Defendants (Biden and other federal defendants) are already pressuring Florida to modify existing contracts, and Florida understands that failing to do so will exclude Florida from consideration for future opportunities,” a Nov. 2 motion for a preliminary injunction said. “As a matter of Florida law, however, state entities may not require vaccination of state employees. The challenged actions, therefore, require Florida to choose between changing or violating state law on the one hand or losing tens of millions of dollars in federal funds on the other.”
But in the document filed
Wednesday, Justice Department attorneys said Florida has “failed to show how it has been harmed” because the vaccination requirement does not apply to existing contracts.
It said the requirement applies to new contracts, new solicitations for contracts, extensions or renewals of contracts and the exercising of contract options.
Florida “has presented what is largely a mirage of impending economic calamity. While Florida would have this court believe that (the executive order) portends a summary, across-the-board invalidation of numerous federal contracts worth tens of millions of dollars, the reality bears no resemblance to Florida’s characterization,” the response reads.