Sixth Circuit Follows Suit in Affirming Preliminary Injunction of Contractor Vaccine Mandate

On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit joined the Fifth and Eleventh Circuits in upholding a preliminary injunction against the enforcement of the Biden Administration’s effort to impose on federal contractors a variety of COVID-19 safety-related protocols, including a vaccine mandate. Describing the scope of the executive mandate as “stunning,” the Sixth Circuit concluded that the Federal Property and Administrative Services Act (commonly known as the Procurement Act or Property Act) “does not confer the authority to promulgate a rule, including the contractor mandate, that simply makes contractors more efficient,” and that “the President exceeded his authority in issuing” Executive Order 14042. The district court nonetheless abused its discretion in enjoining the requirement for all federal contractors in the plaintiff states, the Court of Appeals held, and limited the preliminary injunction to the parties to this case only: Ohio, Kentucky, Tennessee, and two Ohio sheriff’s offices.

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