US judge will not block Biden administration ban on noncompete agreements

The title doesn't make this clear but this was a decision made by the FTC not by an executive order. There's still an argument that can be made about the extent to which the executive branch vs. legislative branch should be deciding these kind of things which would be fair but it's not Biden personally mandating this change.

It would be great if we had legislators that could legislate. But we don't, and we still need policy.

It is within the executive branches power to ban something when the legislative branch has granted it such power by law which is exactly what the judge ruled has happened in this case.