BREAKING: Federal Court Enjoins Contractor Vaccine Mandate

Last week, Matt Moriarty wrote that a federal court enjoined the federal contractor vaccine mandate in three states (Kentucky, Tennessee, and Ohio).

Earlier today, a federal judge in Southern District of Georgia has also enjoined the vaccine mandate. This time, the injunction applies nationwide.

The crux of both decisions was whether President Biden exceeded the authority under the Federal Property and Administrative Services Act (40 U.S.C. § 101 et seq.) when issuing Executive Order 14042. The goal of the Act is to establish efficiency and economy in procurement, and, to that end, grants the President broad-ranging authority over administration of procurements.

Notwithstanding the broad authority under the Act, the Southern District of Georgia was unconvinced it authorized President Biden to issue Executive Order 14042. The practical impact of the Executive Order goes beyond administration of federal contracting—“it operates as a regulation of public health.” Given the “vast economic and political significance” of the action, the Court doubted that Congress clearly authorized the President’s Order.

The Court also considered whether compliance with the mandate amounts to irreparable harm. It does, according to the Southern District of Georgia. Not only is there economic harm (the potential of lost contracts), but also time and effort spent in trying to comply. 

From this analysis, the court determined that an injunction was appropriate. It then considered the scope of the injunction, ultimately concluding that a nationwide injunction was appropriate. Especially considering that the mandate applies to contractors and subcontractors, “limiting the relief to only those [states] before the Court would prove unwieldy and would only cause more confusion.”   

What does this decision mean? 

At least for now, President Biden’s vaccine mandate for federal contractors is on hold. But this decision won’t be the last word: the Department of Justice will no doubt appeal this ruling; during the appeal, the vaccine mandate might be allowed to go into effect. But it’s too early to say for certain.

And though this decision might bring some short-term relief to contractors (when considering the burden of compliance), it might only lead to more confusion. As the decision is appealed, the prospect of whether the mandate applies will continue to be uncertain. And, if the Court’s decision is ultimately reversed, it could impact contractor compliance.

At least as of today, though, federal contractors don’t have to comply with the vaccine mandate. Keep a close eye on GovConBrief, where we’ll continue to monitor COVID-19’s impact to federal contractors.