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.
This article is part of our October 2022 Newsletter.
View newsletter online
Download the newsletter as a PDF
Related Content
Featured Federalist Article: Text Education in Muldrow v. St. Louis: The Supreme Court Just Made Title VII Cases Easier for Plaintiffs to Win
Judge Invalidates Joint Employer Rule, and Independent Contractor Rule Takes Effect
The Importance of Fairness in Employment to the Law and to Job Satisfaction
Major Employers Challenge Constitutionality of Labor Act
Starbucks' Big Change in Labor Policies
