Can I sue over the frederal contractor mandate?

[OceanSun]

Jurisdiction

US Federal Law

I work for a company that falls under the category of federal contractor, and as such, we are under the executive order to get vaccinated, or lose our jobs. For various reasons, I did not want to get the vaccine, but I really didn't fall into one of the exemption categories. I could have possibly filed for religious, but the questions on the form seemed to really leave it open for them to try to catch you in a lie down the road.

My question is this. Right now, a federal court in GA has halted the executive order. As I understand it, this is at least temporary while the case proceeds. If the court ends up ruling that the executive order was unconstitutional or in some other way illegal, would I have grounds to sue that my rights were violated and if so, any kind of reasonable odds of winning?

 

[army judge]

If the court ends up ruling that the executive order was unconstitutional or in some other way illegal, would I have grounds to sue that my rights were violated and if so, any kind of reasonable odds of winning?

The better question to ask, is what are the odds I'd prevail?

My answer: Very slim, very, very slim.

 

[flyingron]

Well, at this point, the implementation of the mandate has been suspended by the courts, so any random actions on the same activity are going to be dismissed out of hand.

If the courts uphold the ban, you won't be able to sue over anything as it NEVER WENT INTO EFFECT. Second, you have no particular right as an employee here. If you were the contractor, you might have standing unless another case determines that a private contractor doesn't have the right to mandate vaccines (which is a different issue, and so far no cases have ruled that way).

 

[adjusterjack]

For various reasons, I did not want to get the vaccine,

Speaking of odds, well over 95% of the unvaccinated who catch Covid die from it. Which is OK. The unvaccinated who die off raise the percentage of those vaccinated and bring us closer to herd immunity.

would I have grounds to sue that my rights were violated and if so, any kind of reasonable odds of winning?

Odds?

Zero.

You would have to sue Biden. He's the one who gave the order. Nobody else. It would be a waste of your time and money as he has sovereign immunity to lawsuits.

And even if the order is vacated, your employer (as many do) could still mandate vaccinations.

 

[zddoodah]

For various reasons, I did not want to get the vaccine

What are these reasons?

I could have possibly filed for religious

What religion?

the questions on the form seemed to really leave it open for them to try to catch you in a lie down the road.

You say that like it's a bad thing. Seems to me, a properly constructed form would do exactly that.

a federal court in GA has halted the executive order. As I understand it, this is at least temporary while the case proceeds.

That's correct. The order issued by the Southern District of Georgia is a preliminary injunction. The injunction will remain in place until the court makes a final determination on the merits or is otherwise dissolved.

If the court ends up ruling that the executive order was unconstitutional or in some other way illegal, would I have grounds to sue that my rights were violated

Sue whom? What rights? And what damages could you possibly claim?

 

[flyingron]

You would have to sue Biden. He's the one who gave the order. Nobody else. It would be a waste of your time and money as he has sovereign immunity to lawsuits.

Other than the part about the president being immune to such things, your comment is wrong. Other than not having standing nor an actionable claim, he could sue the agency whose contract was mandating the vaccination regardless of who put the mandate they were enforcing. Of course, you're required to follow the rules of the CDA or FTCA for administrative remedy first.

His problem is:
1. The government isn't acting on him directly, so he has no standing. He could try suing his employer if they force the issue (but he'd lose that) or the employer could sue the contracting agency.

2. The event he's wrapped up about hasn't happened yet. There is currently no such mandate as it has been blocked by the courts. And if you follow HIS strawman, he wants to sue AFTER the courts declare it unconstitutional. Well, that would mean that the event never happened. You can't sue over "might have" just "actual" damages.

3. Any suits filed now would be suspended or dismissed if there is the same case already pending. The federal courts hate duplication of effort.

 

[OceanSun]

@zddoodah - Trying to catch someone who lied is not a bad thing. I don't mean it like that. There were questions about things like drinking, diet, etc. So for example, you are Jewish, but they find a facebook post of you enjoying a BBQ pork sandwich. Not every Jewish person adheres to the traditional Jewish diet.

@adjusterjack - that is 100% false that 95% of unvaccinated die. But, I'm not going to debate all of that or my reasons, only to say that I have them, was willing to take the risk. Aside from that, baring any other such federal orders, my employer would not be able to mandate it due to the state I live in having set their foot down on such things.

@army judge - while I appreciate an answer, win vs prevail?? Excuse me that you went to law school and I watched the People Court. I think everyone here understood what I meant.

 

[army judge]

Excuse me that you went to law school and I watched the People Court.

You need not excuse yourself, you did nothing to me physically or mentally to cause me harm.

I think everyone here understood what I meant.

I don't know anything about what others understand.

Just as you responded with your "meow-meow mix" remarks, it is not my task to see that others understand anything.

I simply post my opinion, and people can like it, ignore it, hate it, or even laugh at it.

After all is said and done, some anonymous person's opinion of me has no effect on the quality of my life.

A person is free to think whatever makes it/her/him happy.

In fact, post whatever trips your fancy, as long as it doesn't violate this site's rules, a stranger's words matter not to me.

 

[zddoodah]

Trying to catch someone who lied is not a bad thing. I don't mean it like that. There were questions about things like drinking, diet, etc. So for example, you are Jewish, but they find a facebook post of you enjoying a BBQ pork sandwich. Not every Jewish person adheres to the traditional Jewish diet.

That's certainly true. However, questions like that allow for a determination about whether a belief is firmly held or just a convenient excuse.

 

[adjusterjack]

that is 100% false that 95% of unvaccinated die.

You're right. My thinking and my typing went off in two directions. What I meant to say was that over 95% of Covid deaths were of the unvaccinated.

Sources differ on the exact amount.

Staggering COVID-19 Statistic: 98% to 99% of Americans Dying are Unvaccinated - AU/UGA Medical Partnership (usg.edu)

DOH: 93.49% of COVID-19 deaths are among unvaccinated | GMA News Online (gmanetwork.com)

Over 99% of COVID-related deaths in US are unvaccinated people - The Street Journal

I could have possibly filed for religious, but the questions on the form seemed to really leave it open for them to try to catch you in a lie down the road.

No, they are designed to determine if you have a bona fide religious belief.

Most religions do not object to Covid vaccinations or any other vaccination for that matter. Here is an in depth article:

An In-Depth Look at Religious Exemptions from COVID-19 Vaccine Mandates - Coates' Canons Coates' Canons (unc.edu)

Granted, not all claims a religious exemption are bogus but a large majority of such claims are about as bogus as claiming that your pet is an Emotional Service Animal.