Vaccine Mandate Litigation

The State of Georgia has filed three separate lawsuits in response to the vaccine mandates recently imposed by the Biden administration. Additional information regarding the three cases is included below. While litigation is still pending, we will continue to update this page as new information becomes available. 

Vaccine Mandate for Federal Contractors

On Oct. 29, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a lawsuit in the United States District Court for the Southern District of Georgia (Augusta Division) to challenge the vaccine mandate for federal contractors. This mandate applies to many public and private employers across the state that receive certain federal funding, including the Georgia Department of Agriculture and the University System of Georgia.

The state has asked for a preliminary injunction to temporarily stop the Biden administration from enforcing the mandate. A hearing for this case is scheduled to take place on Dec. 3, 2021.

Access a copy of the original complaint Download this pdf file. here . Access a copy of the amended complaint Download this pdf file. here as filed on Nov. 19, 2021. The press announcement is also available here

Vaccine Mandate for Businesses with 100 or more Workers

On Nov. 5, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a lawsuit in the United States Court of Appeals for the Eleventh Circuit to challenge the vaccine mandate for employers with 100 or more workers. This emergency regulation was issued by the Occupational Safety and Health Administration (OSHA) and the United States Department of Labor on Nov. 5, 2021. 

The state has asked the court to stay the mandate. 

On Nov. 12, 2021, the United States Court of Appeals for the Fifth Circuit reaffirmed its decision to halt the employer vaccine mandate as part of a nationwide stay, and OSHA temporarily suspended its enforcement of the mandate. A final decision will come from the United States Court of Appeals for the Sixth Circuit, where lawsuits from all states challenging the OSHA mandate have been consolidated into one case. 

Access a copy of the complaint Download this pdf file. here . The press announcement is also available here

Vaccine Mandate for Healthcare Workers

On Nov. 15, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a lawsuit in the United States District Court for the Western District of Louisiana (Monroe Division) to challenge the vaccine mandate for all eligible staff at healthcare facilities that participate in the Medicare and Medicaid programs. This emergency regulation was issued by the Centers for Medicare and Medicaid Services (CMS) on Nov. 5, 2021. 

The state has asked for a preliminary injunction to temporarily stop CMS and the United States Department of Health and Human Services from enforcing the mandate. 

On Nov. 30, 2021, the United States District Court for the Western District of Louisiana (Monroe Division) granted the state's motion to issue a preliminary injunction to temporarily stop CMS and the United States Department of Health and Human Services from enforcing the mandate. 

Access a copy of the complaint Download this pdf file. here . Access a copy of the court's Nov. 30, 2021, ruling Download this pdf file. here . The press announcement is also available here