On April 19, 2023, the U.S. Court of Appeals for the Ninth Circuit deviated from its sister circuits and reversed the Arizona district court’s preliminary injunction of the contractor COVID-19 vaccine mandate issued pursuant to Executive Order 14042 (“Contractor Mandate”). This decision has created a circuit split over not only the enforceability of the Contractor Mandate, but also the scope of the president’s authority to impose requirements on federal contractors under the Federal Property and Administrative Services Act (FPASA).
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