In another federal appeals court ruling that makes it even more unlikely that President Biden’s controversial 2021 Executive Order (E.O) requiring employees of covered federal contractors to be fully vaccinated against COVID-19 will ever be enforced, the U.S. Court of Appeals for the Fifth Circuit has upheld a preliminary injunction that stops enforcement of the federal contractor COVID vaccine mandate against three states that sued in their role as federal contractors, finding that the President exceeded his authority in issuing the mandate. The Fifth Circuit’s preliminary injunction applies only to the plaintiff states of Louisiana, Indiana, and Mississippi in their role as federal contractors. Despite its limited scope, however, the ruling is another blow to the legality of the mandate.

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