HFDF legal update on recent developments in the USFF case. As a reminder, the 11th Circuit Court of Appeals affirmed the decision of the district court, in the lawsuit brought by Georgia and several other states, that the federal contractor vaccine mandate was unlawful, but vacated the nationwide injunction. The injunction was instead narrowed to those states that had brought that lawsuit. Following the instructions of our judge, we reported the result of the Georgia case to her, and she requested that the government report its position on how to proceed with our case. The government reported that it is still not currently enforcing the mandate in the states not covered by the narrowed injunction.
More recently, the government dismissed its appeal against the State of Florida, which had also sued over the federal contractor mandate in Florida. While we can’t speak for the government, one possible explanation for the dismissal is that the government hopes for a more favorable result in the 6th and 8th Circuits, where other challenges to the mandate are pending. Unless the Biden Administration appeals to SCOTUS or moves to enforce the mandate for the states not covered by the injunction, the case will remain stayed.