State of Louisiana v. Biden, No. 22-30019 (5th Cir. 2022)Annotate this Case
As part of his efforts to combat the COVID-19 pandemic, President Biden issued a series of sweeping vaccination mandates. This challenge concerns four actions that together constitute the “federal contractor mandate.” Having established that an injunction was warranted, the district court set out that the injunction would only apply “to all contracts, grants, or any other like an agreement by any other name between the Plaintiff States and the national government.” It then stayed the case pending appellate review.
The Fifth Circuit affirmed the district court’s grant of the injunction. The court wrote that it cannot rule on the efficacy of any vaccine, the wisdom of the President’s action, or even whether or not this action would, in fact, increase economy and efficiency in federal contracting. The court wrote that it was asked: where Congress has not authorized the issuance of this mandate, whether the President may nonetheless exercise this power. The court held he may not. The court explained that the President’s use of procurement regulations to reach through an employing contractor to force obligations on individual employees is truly unprecedented. As such, Executive Order 14042 is unlawful, and the Plaintiff States have consequently demonstrated a strong likelihood of success on the merits.