Wimberly & Lawson represented the Associated Builders & Contractors (ABC) in securing an injunction against the enforcement of President Biden's Federal Contractor Vaccine Mandate. While the District Court had issued a nationwide injunction, the Eleventh Circuit Court of Appeals narrowed the injunction to include only members of ABC and the state agencies from seven states that were part of the same suit.
The Court of Appeals agreed with the District Court that Congress did not vest the President with authority to impose vaccination requirements when it passed the Procurement Act: “Nothing in the [Procurement] Act contemplates that every executive agency can base every procurement decision on the health of the contracting workforce.” The Procurement Act is all about economy and efficiency – not health.
The Administration has not yet announced whether it intends to enforce the government contractor mandate outside the scope of the parties securing the injunction, ABC members and the coalition of southern states. The seven states are Alabama, Georgia, Idaho, Kansas, South Carolina, Utah, and West Virginia.