Case: Georgia v. Biden

1:21-cv-00163 | U.S. District Court for the Southern District of Georgia

Filed Date: Oct. 29, 2021

Closed Date: June 1, 2023

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Case Summary

This case involved a challenge to President Biden’s Executive order 14042, titled Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors, requiring federal departments and agencies to require contractors to fully vaccinate their workforce. On October 29, 2021, seven states (Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia), the Board of Regents of University System of Georgia, the Georgia Department of Agriculture, the Alabama Department of Rehabilitation Services, the Alabama Department of Public Health, and the Idaho State Board of Education filed this lawsuit in the U.S. District Court for the Southern District of Georgia against Biden and several government agencies. The plaintiffs were represented by their attorneys generals and private counsel.

The plaintiffs sought declaratory relief, permanent injunctive relief, and costs of litigation, alleging that the Executive Order was an unconstitutional use of power by the federal government. The plaintiffs alleged that more employees were likely to quit rather than submit to mandatory vaccination. The plaintiffs sued, alleging (1) a violation of the Procurement Act, pursuant to 40 U.S.C. §§ 101 and 121, (2) a violation of the federal procurement policy, pursuant to 41 U.S.C. § 1707(a), (3) a nondelegation claim, under Article I, Section 1 of the United States Constitution, (4) a violation of the separation of powers and federalism, under Article I, Section 8 and the Tenth Amendment of the U.S. Constitution, (5) a violation of the Tenth Amendment, (6) an unconstitutional exercise of the spending clause, and (7) three violations of the APA, pursuant to 5 U.S.C. § 706.

On November 2, 2021, the case was reassigned from Judge Randall Hall to Judge R. Stan Baker.

The plaintiffs, on November 5, 2021, filed a motion for preliminary injunction. On November 18, 2021, the Associated Builders and Contractors of Georgia filed a motion to intervene as plaintiff-intervenors.

On November 19, 2021, the plaintiffs filed an amended complaint, adding additional factual allegations. The plaintiffs also amended their motion for preliminary injunction on November 19, 2021, adding facts to support allegations of executive overreach.

The defendants, on November 29, 2021, filed a motion to file a brief as amicus curiae for the American Medical Association. The court granted this motion on December 2, 2021. Also, on December 2, 2021, the American Medical Association filed their brief in opposition to the plaintiffs’ motion for preliminary injunction.

On December 7, 2021, the court granted in part and denied in part the Associated Builders and Contractors of Georgia’s motion to intervene, because, while they were entitled to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a), they lacked standing. 574 F.Supp.3d 1337. The court also granted the plaintiffs’ motion of preliminary injunction. The court reviewed the plaintiffs’ motion looking at the relevant factors: (1) a substantial likelihood of ultimate success on the merits; (2) an injunction or protective order was necessary to prevent irreparable injury; (3) the threatened injury outweighs the harm the injunction would inflict on the non-movant; and (4) the injunction or protective order would not be adverse to the public interest. Specifically, the court looked at the likelihood of success on the merits, as it was “generally considered the most important of the four factors.” The court found that the plaintiffs would likely succeed on the merits, as there was a sufficiently close nexus between the Executive Order and the purposes of the Procurement Act.

The defendants filed a notice of appeal and a motion to stay the preliminary injunction on December 9, 2021. The defendants also filed a motion to stay the order on the motion for preliminary injunction on December 9, 2021. The defendants sought an emergency stay pending appeal and an administrative stay while the court considered the stay motion to allow the Eleventh Circuit time to consider the emergency stay motion.

On December 14, 2021, the Associated Builders and Contractors, as plaintiff-intervenors, filed an amended complaint for declaratory and preliminary and permanent injunctive relief to address issues of standing.

The defendants filed an unopposed motion to stay proceedings pending appeal on December 17, 2021.

On December 21, 2021, the U.S. Court of Appeals denied the defendants’ motion to stay the preliminary injunction, because the government did not establish one of the “most critical” factors on review, namely, that the government would be irreparably injured absent the stay. 2022 WL 266186. The Court of Appeals, on December 23, 2021 denied in part and reserved ruling on the defendants’ emergency motion to stay the preliminary injunction pending appeal. The Court of Appeals also granted the motion to stay proceedings pending appeal.

The district court, on January 21, 2022, denied the defendant’s emergency motion of stay pending appeal, because the court declined the defendants’ request for clarification on the preliminary injunction.

On August 26, 2022, the Court of Appeals, with Judge Britt C. Grant, R. Lanier Anderson, and J. L. Edmondson presiding, found that the plaintiffs would likely succeed on the merits and would be entitled to preliminary relief; however, the Court of Appeals vacated the injunction in part as its scope was too broad. 4 F.4th 1283. The court found that the universal reach of the injunction pushed against the boundaries of judicial power. The Court of Appeals found that the District Court relied on improper consideration to justify its nationwide injunction, including that the affected contractors were located “all over the country” and that narrower relief would cause “confusion.” As such, the Court of Appeals enjoined federal agencies from enforcing the mandate against the plaintiffs but vacated the injunction for nonparties.

	Document
1:21-cv-00163	Docket [PACER] The State of Georgia v. Biden	Dec. 7, 2021	Dec. 7, 2021 Docket
1 1:21-cv-00163	Complaint for Declaratory and Preliminary and Permanent Injunctive Relief The State of Georgia v. Biden	Oct. 29, 2021	Oct. 29, 2021 Complaint
19 1:21-cv-00163	Plaintiffs' Motion for Preliminary Injunction and Brief in Support The State of Georgia v. Biden	Nov. 5, 2021	Nov. 5, 2021 Pleading / Motion / Brief
39 1:21-cv-00163	Defendants' Opposition to Plaintiffs'Motion to Expedite Briefing The State of Georgia v. Biden	Nov. 10, 2021	Nov. 10, 2021 Pleading / Motion / Brief
48 1:21-cv-00163	Notice of Motion to Intervene	Nov. 18, 2021	Nov. 18, 2021 Pleading / Motion / Brief
54 1:21-cv-00163	First Amended Complaint for Declaratory and Preliminary and Permanent Injunction Relief The State of Georgia v. Biden	Nov. 19, 2021	Nov. 19, 2021 Complaint
55 1:21-cv-00163	Plaintiffs' Amended Motion for Preliminary Injunction and Brief in Support The State of Georgia v. Biden	Nov. 19, 2021	Nov. 19, 2021 Pleading / Motion / Brief
63 1:21-cv-00163	Defendants' Consolidated Opposition to Plaintiffs' and Associated Builders and Contractors' Motion for a Preliminary Injunction The State of Georgia v. Biden	Nov. 26, 2021	Nov. 26, 2021 Pleading / Motion / Brief
61 1:21-cv-00163	Defendants' Opposition to Motion to Intervene The State of Georgia v. Biden	Nov. 26, 2021	Nov. 26, 2021 Pleading / Motion / Brief
86 1:21-cv-00163	Brief of the American Medical Association as Amici Curiae in Opposition to Plaintiffs' Amended Motion for Preliminary Injunction The State of Georgia v. Biden	Dec. 2, 2021	Dec. 2, 2021 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
	Filing Fee Received	Oct. 29, 2021	Oct. 29, 2021 PACER
1	COMPLAINT against All Defendants, filed by Alabama Department of Public Health;, Brad Little, The State of Georgia, Brian P. Kemp, The Board of Regents of the University System of Georgia, Gary W. Black, The State of West Virginia, The State of South Carolina, Alabama Department of Agriculture and Industries, Alabama Department of Rehabilitation Services;, Henry McMaster, The State of Idaho, The State of Utah, The State of Kansas, The State of Alabama, Idaho State Board of Education, Kay Ivey. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(pts) (Entered: 11/01/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Civil Cover Sheet View on PACER	Oct. 29, 2021	Oct. 29, 2021 Clearinghouse
	Filing fee: $ 402.00, receipt number AGASDC-3218285. (pts)	Oct. 29, 2021	Oct. 29, 2021 PACER
2	RULE 26(f) ORDER. Signed by Magistrate Judge Brian K. Epps on 11/1/2021. (Attachments: # 1 Forms) (pts) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
3	Summons Issued as to All Defendants. (pts) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 PACER
4	ORDER REASSIGNING CASE. Case reassigned to District Judge R. Stan Baker for all further proceedings. Chief Judge J. Randal Hall no longer assigned to case. Signed by Chief Judge J. Randal Hall on 11/2/21. (loh) (Entered: 11/02/2021)	Nov. 2, 2021	Nov. 2, 2021 PACER
5	NOTICE of Appearance by Paul H. Dunbar, III on behalf of All Plaintiffs (Dunbar, Paul) (Entered: 11/03/2021)	Nov. 3, 2021	Nov. 3, 2021 PACER
	Motions Referred	Nov. 4, 2021	Nov. 4, 2021 PACER
6	NOTICE of Appearance by Charles E. Peeler on behalf of Gary W. Black, Brian P. Kemp, The Board of Regents of the University System of Georgia, The State of Georgia (Peeler, Charles) (Entered: 11/04/2021)	Nov. 4, 2021	Nov. 4, 2021 PACER
7	MOTION for Leave to Exceed Page Limitation and Brief in Support by Alabama Department of Agriculture and Industries, Alabama Department of Public Health;, Alabama Department of Rehabilitation Services;, Gary W. Black, Idaho State Board of Education, Kay Ivey, Brian P. Kemp, Brad Little, Henry McMaster, The Board of Regents of the University System of Georgia, The State of Alabama, The State of Georgia, The State of Idaho, The State of Kansas, The State of South Carolina, The State of Utah, The State of West Virginia. Responses due by 11/18/2021. (Attachments: # 1 Text of Proposed Order)(Peeler, Charles) (Entered: 11/04/2021)	Nov. 4, 2021	Nov. 4, 2021 PACER
	MOTIONS REFERRED: 7 MOTION for Leave to Exceed Page Limitation and Brief in Support. (JH)	Nov. 4, 2021	Nov. 4, 2021 PACER
8	ORDER granting 7 Motion for Leave to Exceed Page Limitation. Signed by Magistrate Judge Brian K. Epps on 11/4/2021. (pts) (Entered: 11/04/2021)	Nov. 4, 2021	Nov. 4, 2021 PACER
	MOTIONS REFERRED: 11 First MOTION for Leave to Appear Pro Hac Vice Edmund G. LaCour Jr. Receipt Number AGASDC-3222478, Fee Amount $200, 10 First MOTION for Leave to Appear Pro Hac Vice Thomas A. Wilson Receipt Number AGASDC-3222444, Fee Amount $200. (JH)	Nov. 5, 2021	Nov. 5, 2021 PACER
	Motions No Longer Referred	Nov. 5, 2021	Nov. 5, 2021 PACER
	Motions Referred	Nov. 5, 2021	Nov. 5, 2021 PACER
10	First MOTION for Leave to Appear Pro Hac Vice Thomas A. Wilson Receipt Number AGASDC-3222444, Fee Amount $200, by Alabama Department of Agriculture and Industries, Alabama Department of Public Health;, Alabama Department of Rehabilitation Services;, Kay Ivey, The State of Alabama. Responses due by 11/19/2021. (Dunbar, Paul) (Additional attachment(s) added on 11/5/2021: # 1 Dated Application) (JH). (Additional attachment(s) added on 11/5/2021: # 2 Statement Regarding Prior Cases) (JH). (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
	MOTIONS REFERRED: 12 MOTION for Leave to Appear Pro Hac Vice by Misha Tseytlin Receipt Number AGASDC-3223061, Fee Amount $200. (pts)	Nov. 5, 2021	Nov. 5, 2021 PACER
11	First MOTION for Leave to Appear Pro Hac Vice Edmund G. LaCour Jr. Receipt Number AGASDC-3222478, Fee Amount $200, by Alabama Department of Agriculture and Industries, Alabama Department of Public Health;, Alabama Department of Rehabilitation Services;, Kay Ivey, The State of Alabama. Responses due by 11/19/2021. (Dunbar, Paul) (Additional attachment(s) added on 11/5/2021: # 1 Statement Regarding Prior Cases) (JH). (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
	Motions No Longer Referred: 12 MOTION for Leave to Appear Pro Hac Vice by Misha Tseytlin Receipt Number AGASDC-3223061, Fee Amount $200, (pts)	Nov. 5, 2021	Nov. 5, 2021 PACER
12	MOTION for Leave to Appear Pro Hac Vice by Misha Tseytlin Receipt Number AGASDC-3223061, Fee Amount $200, by Gary W. Black, Brian P. Kemp, The Board of Regents of the University System of Georgia, The State of Georgia. Responses due by 11/19/2021. (Peeler, Charles) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
13	NOTICE of Deficiency re 12 MOTION for Leave to Appear Pro Hac Vice by Misha Tseytlin. Set/Reset Deadlines: Compliance due by 11/8/2021. (pts) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
14	ORDER granting 11 Motion for Leave to Appear pro hac vice for attorney Edmund G. LaCour Jr. Signed by Magistrate Judge Brian K. Epps on 11/5/21. (wwp) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 RECAP
15	ORDER granting 10 Motion for Leave to Appear Pro Hac Vice by Thomas A. Wilson. Signed by Magistrate Judge Brian K. Epps on 11/5/2021. (kjm) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
16	Response re 13 Notice (Other), Set/Reset Deadlines, 12 MOTION for Leave to Appear Pro Hac Vice by Misha Tseytlin Receipt Number AGASDC-3223061, Fee Amount $200, by Gary W. Black, Brian P. Kemp, The Board of Regents of the University System of Georgia, The State of Georgia. Responses due by 11/19/2021. (Peeler, Charles) Modified on 11/5/2021 (pts). (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
17	MOTION for Leave to Appear Pro Hac Vice by Drew F. Waldbeser Receipt Number AGASDC-3223260, Fee Amount $200, by Gary W. Black, Brian P. Kemp, The Board of Regents of the University System of Georgia, The State of Georgia. Responses due by 11/19/2021. (Melton, Harold) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
18	ORDER granting 12 Motion for Leave to Appear Pro Hac Vice as to Misha Tseytlin. Signed by Magistrate Judge Brian K. Epps on 11/5/2021. (kjm) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
	MOTIONS REFERRED: 17 MOTION for Leave to Appear Pro Hac Vice by Drew F. Waldbeser Receipt Number AGASDC-3223260, Fee Amount $200, (pts)	Nov. 5, 2021	Nov. 5, 2021 PACER
19	MOTION for Preliminary Injunction and Brief in Support by Alabama Department of Agriculture and Industries, Alabama Department of Public Health;, Alabama Department of Rehabilitation Services;, Gary W. Black, Idaho State Board of Education, Kay Ivey, Brian P. Kemp, Brad Little, Henry McMaster, The Board of Regents of the University System of Georgia, The State of Alabama, The State of Georgia, The State of Idaho, The State of Kansas, The State of South Carolina, The State of Utah, The State of West Virginia. Responses due by 11/19/2021. (Attachments: # 1 Exhibit 1 Declaration of Jason Guilbeault, # 2 Exhibit 2 Declaration of Michael P. Shannon, # 3 Exhibit 3 Declaration of Jill Tincher, # 4 Exhibit 4 Declaration of Kathleen E. Toomey, # 5 Exhibit 5 Declaration of James B. Aydelotte, # 6 Exhibit 6 Declaration of Torrey E. Lowrence, # 7 Exhibit 7 Declaration of Jane Elizabeth Burdeshaw, # 8 Exhibit 8 Declaration of Matthew K. Wilde, # 9 Exhibit 9 Declaration of Donna Lybecker, # 10 Exhibit 10 Declaration of Finnis E. St. John IV, # 11 Exhibit 11 Declaration of Nathan Checketts, # 12 Exhibit 12 Declaration of Charles Peeler, # 13 Exhibit 13 Declaration of Catherine Molchan Donald, # 14 Exhibit 14 Declaration of Teresa MacCartney, # 15 Exhibit 15 Declaration of Margaret A. Amstutz, Ph.D., # 16 Exhibit 16 Declaration of Richard Stewart Pate)(Melton, Harold) (Entered: 11/05/2021) 1 Exhibit 1 Declaration of Jason Guilbeault View on PACER 2 Exhibit 2 Declaration of Michael P. Shannon View on RECAP 3 Exhibit 3 Declaration of Jill Tincher View on PACER 4 Exhibit 4 Declaration of Kathleen E. Toomey View on PACER 5 Exhibit 5 Declaration of James B. Aydelotte View on PACER 6 Exhibit 6 Declaration of Torrey E. Lowrence View on PACER 7 Exhibit 7 Declaration of Jane Elizabeth Burdeshaw View on PACER 8 Exhibit 8 Declaration of Matthew K. Wilde View on PACER 9 Exhibit 9 Declaration of Donna Lybecker View on PACER 10 Exhibit 10 Declaration of Finnis E. St. John IV View on PACER 11 Exhibit 11 Declaration of Nathan Checketts View on PACER 12 Exhibit 12 Declaration of Charles Peeler View on PACER 13 Exhibit 13 Declaration of Catherine Molchan Donald View on PACER 14 Exhibit 14 Declaration of Teresa MacCartney View on PACER 15 Exhibit 15 Declaration of Margaret A. Amstutz, Ph.D. View on PACER 16 Exhibit 16 Declaration of Richard Stewart Pate View on PACER	Nov. 5, 2021	Nov. 5, 2021 Clearinghouse
20	ORDER granting re 17 Motion for Leave to Appear Pro Hac Vice for Drew F. Waldbeser. Signed by Magistrate Judge Brian K. Epps on 11/8/21. (loh) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
21	MOTION for Leave to Appear Pro Hac Vice by The State of South Carolina. Responses due by 11/22/2021. (Attachments: # 1 Text of Proposed Order Proposed order)(Smith, James) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
22	NOTICE of Filing Deficiency re 21 MOTION for Leave to Appear Pro Hac Vice. Set/Reset Deadlines: After 2 days a notice of noncompliance will be submitted to a judicial officer. Compliance due by 11/10/2021. (thb) (Entered: 11/08/2021)	Nov. 8, 2021	Nov. 8, 2021 PACER
23	*******Emergency MOTION to Expedite Briefing Schedule, MOTION for Hearing by Alabama Department of Agriculture and Industries, Alabama Department of Public Health;, Alabama Department of Rehabilitation Services;, Gary W. Black, Idaho State Board of Education, Kay Ivey, Brian P. Kemp, Brad Little, Henry McMaster, The Board of Regents of the University System of Georgia, The State of Alabama, The State of Georgia, The State of Idaho, The State of Kansas, The State of South Carolina, The State of Utah, The State of West Virginia. Responses due by 11/22/2021. (Attachments: # 1 Proposed Order)(Peeler, Charles) (Entered: 11/08/2021) 1 Proposed Order View on PACER	Nov. 8, 2021	Nov. 8, 2021 PACER
	Notice of Hearing on Motion	Nov. 9, 2021	Nov. 9, 2021 PACER
24	NOTICE of Appearance by Vinita Andrapalliyal on behalf of All Defendants (Andrapalliyal, Vinita) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER
	NOTICE of Hearing on Motion: 23 Emergency Motion to Expedite Briefing Schedule and Request for Hearing. The Motion Hearing is set for 11/10/2021 at 04:00 PM EST and will be held telephonically in RSB Chambers before District Judge R. Stan Baker. (*Dial-in information for the call provided to counsel of record via email. pmh)	Nov. 9, 2021	Nov. 9, 2021 PACER
25	First MOTION for Leave to Appear Pro Hac Vice W. Scott Zanzig Receipt Number AGASDC-3225313, Fee Amount $200, by Idaho State Board of Education, Brad Little, The State of Idaho. Responses due by 11/23/2021. (Dunbar, Paul) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER
26	AFFIDAVIT of Service for Complaint for Declaratory and Preliminary and Permanent Injunctive Relief, Civil Cover Sheet, Summons, Rule 26 Instruction Order and Rule 26(f) Report, served on Joseph R. Biden in his official capacity as President of the United States of America on November 1, 2021, filed by Alabama Department of Agriculture and Industries, Alabama Department of Public Health;, Alabama Department of Rehabilitation Services;, Gary W. Black, Idaho State Board of Education, Kay Ivey, Brian P. Kemp, Brad Little, Henry McMaster, The Board of Regents of the University System of Georgia, The State of Alabama, The State of Georgia, The State of Idaho, The State of Kansas, The State of South Carolina, The State of Utah, The State of West Virginia. (Peeler, Charles) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER
27	First MOTION for Leave to Appear Pro Hac Vice Melissa A. Holyoak Receipt Number AGASDC-3225343, Fee Amount $200, by The State of Utah. Responses due by 11/23/2021. (Dunbar, Paul) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER
28	First MOTION for Leave to Appear Pro Hac Vice Michael G. Shedd Receipt Number AGASDC-3225377, Fee Amount $200, by Henry McMaster, The State of South Carolina. Responses due by 11/23/2021. (Dunbar, Paul) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER
29	First MOTION for Leave to Appear Pro Hac Vice Thomas A. Limehouse, Jr. Receipt Number AGASDC-3225392, Fee Amount $200, by Henry McMaster, The State of South Carolina. Responses due by 11/23/2021. (Dunbar, Paul) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER

Case: Georgia v. Biden

1:21-cv-00163 | U.S. District Court for the Southern District of Georgia

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