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Nineteen States Fight to Challenge the Government Contractor Vaccine Mandate

2021-11-04

Four complaints filed by 19 states seeking declaratory and injunctive relief

On October 28th and 29th, 2021, the following states filed complaints challenging the government contractor vaccine mandate.

  • October 28, 2021 – Florida complaint – state of Florida filed suit in the Middle District of Florida;
  • October 29, 2021 – Missouri complaint – filed on behalf of Missouri, Nebraska, Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming – filed in the Eastern District of Missouri;
  • October 29, 2021 – Georgia complaint – filed on behalf of Alabama, Georgia, Idaho, Kansas, South Carolina, Utah, and West Virginia – filed in the Southern District of Georgia; and
  • October 29, 2021 – Texas complaint – filed in the Southern District of Texas.

All four complaints make compelling procedural and substantive arguments that the OMB guidance, Executive Order 14042 and the Federal Acquisition Regulations (FAR) provisions are unlawful even though there are differences in the complaints.  They all seek declaratory and injunction relief but only Florida has filed a motion for a preliminary injunction. 

Even though we are unable to predict the outcome of these complaints, it is obvious that there are questions about the mandate’s legality.  However, contactors should continue to comply with the mandate until further notice. 

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.