Mayes v. Biden

A plaintiff seeking a permanent injunction must establish: “(1) actual success on the merits; (2) that it has suffered an irreparable injury; (3) that remedies available at law are inadequate; (4) that the balance of hardships justify a remedy in equity; and (5) that the public interest would not be disserved by a permanent injunction.” Indep. Training & Apprenticeship Program v. Cal. Dep’t of Indus. Relations, 730 F.3d 1024, 1032 (9th Cir. 2013) (internal citations omitted).

Arizona sued to enjoin Executive Order 14,042 (the “Contractor Mandate”), which required COVID-19 vaccinations for federal contractors working with federal government projects to promote economy and efficiency pursuant to the president’s authority under the Procurement Act. A plaintiff seeking a permanent injunction must establish: “(1) actual success on the merits; (2) that it has suffered an irreparable injury; (3) that remedies available at law are inadequate; (4) that the balance of hardships justify a remedy in equity; and (5) that the public interest would not be disserved by a permanent injunction.” Indep. Training & Apprenticeship Program v. Cal. Dep’t of Indus. Relations, 730 F.3d 1024, 1032 (9th Cir. 2013) (internal citations omitted). The Court determined Arizona did not establish actual success on the merits of their claim because the Contractor Mandate was a valid exercise of executive authority. The Major Questions Doctrine did not bar the Contractor Mandate because it only applies to agency actions, not executive orders. Even if it were applicable, the Contractor Mandate sought to regulate conduct related to the government’s proprietary interest in efficient and economic procurement, and it was not a “transformative expansion” of any authority. The Court also noted several examples of former presidents using the Procurement Act to impose similar requirements on federal contractors. Because the Procurement Act’s text allows for requirements addressing contractors’ operations, the Court concluded the Contractor Mandate fell within the President’s authority. Grant of permanent injunction REVERSED.