Mayes v. Biden

Summary

The Ninth Circuit reversed a permanent injunction against President Biden's COVID-19 vaccine mandate for federal contractors, holding that the mandate fell within the President's authority under the Federal Property and Administrative Services Act (Procurement Act) to promote economy and efficiency in federal contracting. The court ruled that the Major Questions Doctrine does not apply to presidential action, and even if it did, the mandate was not a transformative expansion of regulatory authority because it was an exercise of proprietary, not regulatory, power. The court also rejected nondelegation, federalism, and procedural challenges, finding the mandate was reasonably related to reducing absenteeism and cost overruns during the pandemic.

Holdings

1. The Major Questions Doctrine does not apply to actions by the President.
2. Even if the Major Questions Doctrine applied, the Contractor Mandate is not a transformative expansion of the President's authority under the Procurement Act.
3. The Contractor Mandate falls within the President's authority under the Procurement Act.
4. The nondelegation doctrine does not bar the Contractor Mandate.
5. Federalism and state sovereignty concerns do not bar the Contractor Mandate.
6. The Contractor Mandate satisfied the procedural requirements of the Office of Federal Procurement Policy Act.

Questions Presented

1. Whether the Major Questions Doctrine applies to presidential action under the Procurement Act.
2. Whether the Contractor Mandate exceeds the President's authority under the Procurement Act.
3. Whether the nondelegation doctrine or federalism concerns bar the Contractor Mandate.
4. Whether the Contractor Mandate satisfied the procedural requirements of the Office of Federal Procurement Policy Act.

Disposition

reversed