Sixth Circuit Upholds Injunction on Federal Contactor Vaccine Mandate

In a January 5th, 2022, hearing, the United States Court of Appeals for the Sixth Circuit (the Court) upheld the previous injunction on the federal contractor vaccine mandate. Generally, that mandate would require the vaccination of employees of federal contractors for COVID-19. Essentially, the Court’s decision agrees with the Eleventh Circuit Court’s refusal to stay Judge Van Tatenhove’s injunction. Earlier, on December 7th, 2021, a federal court in Southern Georgia had blocked the federal contractor vaccine mandate nationwide. Before that, the mandate had been blocked by a U.S. District Court in three other states.

Background of the Federal Contractor Vaccine Mandate

Previously, on September 9th, 2021, President Joseph R. Biden signed Executive Order (EO) 14042 into law. Explicitly, EO 14042 requires agencies to include a clause in new contracts, options, and extensions requiring COVID-19 vaccination compliance. Basically, it requires almost all employees that perform services under a covered contract to a federal entity to be vaccinated. The Biden Administration’s Safer Federal Workforce Task Force (the Task Force) provides additional information on the federal contractor vaccine mandate.

Previous Litigation Concerning the Mandate

However, on November 30th, 2021, a federal judge issued an injunction preventing the enforcement of the vaccine mandate in Kentucky, Ohio, and Tennessee. Indeed, the ruling stated that the EO overstepped the president’s authority. Since then, the mandate has been through a series of court rulings.

• The U.S. District Court in Southern Georgia issued a preliminary injunction on the vaccine, blocking enforcement of the mandate nationwide.
• The United States Court of Appeals for the Eleventh Circuit refused to stay the injunction on the mandate.
• The mandate undergoes similar litigation in many other states, including Arizona, Florida, Missouri, Oklahoma, and Texas.

Federal Contractor Vaccine Mandate in the Sixth Circuit

Likewise, on January 5, the Sixth Circuit decided similarly in Commonwealth of Kentucky, et al. v. JOSEPH R. BIDEN, in his official capacity as President of the United States of America, et al. In summary, Judges John K. Bush and Richard F. Suhrheinrich upheld the lawsuit by three states (Kentucky, Ohio, and Tennessee) and two Ohio sheriffs’ offices (the plaintiffs). Additionally, the Court found that the federal government had “established none of the showings required to obtain a stay.” Conversely, Judge R. Guy Cole argued that the plaintiffs had no standing in their suit and that the Task Force had authority to enforce the mandate under the Federal Property and Administrative Services Act of 1949. Nonetheless, the Court upheld Judge Van Tatenhove’s previous injunction of the federal contractor vaccine mandate. In conclusion, the fate of the mandate remains uncertain until the various cases are enjoined and decided upon.