Louisiana et al. v Biden
Louisiana et al. v Biden (U.S. Court of Appeals, 5th Cir., Dec. 19, 2022): The Fifth Circuit upheld a decision blocking enforcement of President Biden’s “federal contractor mandate,” finding that the President exceeded his authority under the Federal Property and Administrative Services Act of 1949 (the “Procurement Act”). The mandate required covered contractors to ensure employee vaccination against COVID-19, unless entitled to an accommodation. The court held that Congress has not spoken clearly enough to allow this kind of mandate under the Procurement Act, which is based on notions of economy and efficiency. Though the court did not “rule on the efficacy of the vaccine,” it decided blocking the mandate would serve the public’s best interest. Read the full decision here. Similarly, the Sixth Circuit found that President Biden exceeded his authority under the Procurement Act in mandating that federal contractors wear masks and be vaccinated against COVID-19.