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U.S. Appeals Nationwide Block to Contractor Vaccine Mandate

Dec. 10, 2021, 12:53 PM

The U.S. government will appeal the Georgia federal court order that blocked enforcement of President Joe Biden’s Covid-19 vaccine mandate for all federal contractors nationwide.

Attorneys for the Justice Department filed the notice of appeal, asking for the U.S. Court of Appeals for the Eleventh Circuit to reconsider the decision and asked for an emergency stay to the order that blocked the mandate. They argue that not allowing the mandate to move forward damages the government’s ability to work with companies—as well as other government interests and the public—under terms of its choosing.

The Southern District of Georgia had ruled the vaccine requirement violates the U.S. Constitution and that the Biden administration overreached its authority. The lawsuit was filed by a Georgia-led coalition of seven states. The Association of Builders and Contractors was given leave to intervene.

The federal contractor shot mandate spurred a series of federal lawsuits by other conservative-led states that also seek to block implementation, including Arizona, Florida, Texas, and Oklahoma. Separately, a Kentucky federal court issued an injunction against the mandate that applied to three states. The government also is asking for an emergency stay while it appeals in that case.

The case is Georgia v. Biden, S.D. Ga., No. 1:21-cv-00163, notice of appeal 12/9/21.

To contact the reporter on this story: Erin Mulvaney in Washington at emulvaney@bloomberglaw.com

To contact the editors responsible for this story: Andrew Harris at aharris@bloomberglaw.com; Martha Mueller Neff at mmuellerneff@bloomberglaw.com