Case: 22-30019 Document: 00516582132 Page: 1 Date Filed: 12/19/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 19, 2022 No. 22-30019 Lyle W. Cayce Clerk State of Louisiana; State of Indiana; State of Mississippi, Plaintiffs—Appellees, versus Joseph R. Biden, Jr., in his official capacity as President of the United States; United States of America; Federal Acquisition Regulatory Council; General Services Administration; Robin Carnahan, in her official capacity as Administrator of General Services, et al Defendants—Appellants. Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:21-CV-3867 Before Graves, Willett, and Engelhardt, Circuit Judges. Kurt D. Engelhardt, Circuit Judge: The President asks this Court to ratify an exercise of proprietary au- thority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so. Thus, we AFFIRM the preliminary injunction issued by the district court. Case: 22-30019 Document: 00516582132 Page: 2 Date Filed: 12/19/2022 No. 22-30019 I. Background As part of his efforts to combat the COVID-19 pandemic, President Biden issued a series of sweeping vaccination mandates. This Court has had occasion to consider at least two of them – namely, the OSHA-issued man- date which covered private employers with more than 100 employees, heard in BST Holdings, L.L.C. v. Occupational Safety & Health Admin., United States Dep’t of Lab., 17 F.4th 604 (5th Cir. 2021), 1 and the President’s mandate cov- ering government employees (which this Court recently heard en banc in Feds for Medical Freedom v. Biden, Case No. 22-40043). This case concerns an- other mandate that would, with limited exceptions, require the government to include in its contracts a clause that would require federal contractors to ensure that their entire workforce is fully vaccinated against COVID-19. This challenge concerns four actions that together constitute the “federal contractor mandate.” The first is an Executive Order issued by the President on September 9, 2021. 2 President Biden ordered that “in order to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID-19 safeguards for their workplace,” govern- ment contracts must include a clause specifying “that the contractor and any subcontractors … shall, for the duration of the contract, comply with all guid- ance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force [the “Task Force”] … , provided that 1 The Supreme Court considered this mandate in Nat’l Fed’n of Indep. Bus. v. Dep’t of Lab., Occupational Safety & Health Admin. (hereinafter “NFIB”), 142 S. Ct. 661 (2022) (per curiam). 2 Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985 (published Sept. 14, 2021). 2 Case: 22-30019 Document: 00516582132 Page: 3 Date Filed: 12/19/2022 No. 22-30019 the Director of the Office of Management and Budget … approves the Task Force Guidance.” 3 The second challenged action consists of guidance issued by the Task Force on September 24, 2021, which required “[c]overed …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals