Analysis of the Six Preliminary Injunctions Granted in Legal Challenges to COVID-19 Vaccine Mandates for Federal Contractors

Abstract

In September 2021, the Biden administration issued an executive order requiring companies that enter into federal contracts to require and verify that their employees are vaccinated against COVID-19. The executive order has since been challenged in multiple federal district courts. As of the date of submission, six preliminary injunctions have been issued, temporarily ceasing enforcement of the order. This paper is an analysis and summary of the arguments presented and legal reasoning of the courts based on the published court opinions. The key issue common among all six cases was whether the executive order exceeded the scope of authority granted under the Federal Property and Administrative Services Act. The courts reached slightly different conclusions on this issue and had different reasoning, but all issued temporary injunctions. Although most of the injunctions were limited to the plaintiff states, the most notable preliminary injunction was issued by the Southern District of Georgia and was the only one to be issued nationwide. The inclusion of the Associated Builders and Contractors as a plaintiff in that case played a key role in the scope of the injunction being issued on a nationwide scale. Appeals are pending in all cases but given the broad scope of the mandate and the current status of the pandemic, the government faces a difficult appeal. © 2023 American Society of Civil Engineers.