injunction in federal vaccine mandate

These patchwork injunctions are thus much narrower than the nationwide injunctions that had previously come to seem almost standard in challenges to federal procurement rules. This guidance is likely The federal employee case was brought by Feds for Medical Freedom, which filed three different lawsuits against the mandate, as well as an American Federation of Government Employees council that represents workers in the Homeland Security Department's Federal Protective Service. One might view it and other requirements as having already served their purpose by prompting many contractor personnel to get vaccinated and follow other safety protocols. The Task Force advised that it and the Office of Management and Budget (OMB) would provide specific instructions before any resumption of implementing EO 14042. 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The vaccine mandate that the court will allow to be enforced nationwide covers virtually all health care workers in the country. Aug 28, 2022. A federal judge has ruled in favor of Georgia and other states in the legal battle over enforcement of a COVID-19 vaccine mandate for federal contractors. 1000 Independence Avenue, SW Washington, DC 20585. The Government Accountability Office (GAO) has published a decision, Cybermedia Technologies, Inc., denying a protest alleging that an awardee had an organizational conflict of interest On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). We provide news about the Church and the world, as seen through the teachings of the Catholic Church. There is no COVID-19 exception to the First Amendment. The Government appealed and has thus far lost in all the decisions issued by the time this article went to press (Fifth, Sixth, and Eleventh Circuits). If the federal government decides to continue defending this mandate, the vaccine-or-test mandate . may be used by those companies to build a profile of your interests and show you relevant adverts on other Appeals rights available to employees . While the pandemic should end at some point, the vaccine mandate could have an extended impact on procurement policy and practices. ", In addition to finding a lack of clear statutory authorization, internet device. For example, in response to The content of this article is intended to provide a general Reg. The Supreme Court last week struck down a Biden order that would have required private sector employers with more than 100 workers, and the U.S. NEXT STORY: ", Unlike last week's order from the U.S. District Court for language preference or login information. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This follows the Supreme Court's decision . GovExec Daily: Vaccine Mandates After the Supreme Court OSHA Decision. The 2-1 panel decision in State of Louisiana v. Biden found that to allow the mandate would result in an "enormous," "transformative," and "truly unprecedented" expansion of . Dies geschieht in Ihren Datenschutzeinstellungen. The lawsuit claims the mandate is "unlawful and unconstitutional," arguing Biden does not have the authority to make such requirements of federal contractors. The Biden administration has asserted before a federal court that "there is no coercion" in its Coronavirus vaccination mandate for federal employees. Monday, August 29, 2022. personalize your experience with targeted ads. officers to not include the clause requiring compliance with Task Nationwide Preliminary Injuction on Federal Contractor Vaccine Mandate. Mondaq uses cookies on this website. One could start with the very nature of a contract obligation. employers may be subject to several states' requirements This article then considers what the vaccine mandates implementation by the Executive Branch and interpretation by the courts might mean for federal procurement generally. To print this article, all you need is to be registered or login on Mondaq.com. In total, 26 states sued and obtained injunctions preventing enforcement of the mandate. "extreme economic burden" that contractors "have In that way, EO 14042 shows that federal procurement rules may be just like any other aspect of contractors operations: altered by the pandemic and subject to further change in the years to come. 2023 Wiley Rein LLP All Rights Reserved. But the Fifth Circuit did an about-face. Jonathan Clark, a Law Clerk at Wiley Rein LLP, contributed to this alert. Your monthly donation will help our team continue reporting the truth, with fairness, integrity, and fidelity to Jesus Christ and his Church. Most notably, in August 2022, the Eleventh Circuit shrank the Georgia district courts nationwide injunction to apply only to the plaintiffs, several states, and a trade association. These questions are important, and the difficulty in answering them may contribute to caution in any potential resumption of enforcement. It is instead about whether the president can, with the stroke of a pen and without the input of Congress, require millions of federal employees to undergo a medical procedure as a condition of their employment, Brown wrote. They On August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit published its decision overturning the nationwide . "The court's . In late October 2021, the state of Florida filed the first of many legal challenges to enjoin enforcement of the contractor vaccine mandate. The Biden administration is withdrawing its COVID-19 vaccine mandate for companies with 100 or more employees, the Department of Labor said Tuesday (PDF). the Eastern District of Kentucky, Judge Baker concluded that an injunction with national scope was appropriate under the Find out more about how we use your information in our privacy policy and cookie policy. If you have enabled privacy controls on your browser (such as a plugin), we have Jenner & Block is ready to assist our clients with navigating far beyond addressing administrative and management issues in order Federal worker vaccine mandate blocked. at public health; and 2) imposing similar burdens as EO 14042. U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the vaccine mandate on . determining the most relevant content and advertisements to show you, and to monitor site traffic and A divided panel of the U.S. Court of Appeals for the Fifth Circuit on December 19, 2022, upheld a preliminary injunction of Executive Order 14042, halting the Biden administration's effort to impose on federal contractors a variety of COVID-19 safety protocols.View the full article would only cause more confusion.". intended if you do so. You may disable these by changing your browser settings, but this may affect how the website functions. Targeting cookies may be set through our site by our advertising partners. The 5th Circuit Court of Appeals in New Orleans overturned a . "For months, the federal government has been implementing its vaccination requirement," the spokesperson said. Postal Service, to test or vaccinate their employees. "It is doing so with no disruptions to operations and in a way that increased vaccination rates.". Status: A Texas federal court has issued a nationwide injunction prohibiting enforcement of the federal employee vaccine mandate on all federal employees. Todays decision by Judge Brown is a victory for the thousands of men and women who want to serve their government without sacrificing their individual rights, Thornton said. He added the Supreme Courts ruling in the OSHA case made clear the pandemic and employees' vaccination status is not workplace conduct and a mandate exceeds the presidents constitutional powers. You Personal Information. information by using this toggle switch. to a healthier and thus more efficient workforce or it could reduce Catholic bishops across the country have issued varying guidance for Catholics wishing to seek conscientious objections to COVID-19 mandates. Last week, in separate . You cannot opt-out of our First Party Strictly Necessary cookie banner and remembering your settings, to log into your account, to redirect you when you log out, do not want or losing their job. We also share information about your use of our site with our social media, advertising Dist. We also cookies (and the associated sale of your Personal Information) by using this toggle switch. The government has not shown that an injunction in this case will have any serious detrimental effect on its fight to stop COVID-19, Brown said. A federal appeals court upheld Monday a district court order that blocked the White House's Covid-19 vaccine mandate for healthcare workerswhich paused the order in only 10 states . performance. April 11, 2022. The U.S. Department of Health and Human Services (HHS) has received notice that as of Sept. 21, 2022, following a decision by the United States District Court for the Western District of Louisiana, implementation and enforcement of Vaccine and Mask Requirements to Mitigate the Spread of COVID-19 in Head Start Programs, 86 Fed. The contractor vaccination litigation portends a shift here, too. The more interesting question, though, might be what the vaccine mandate signals about the future for federal contracting. last week's order by the Eastern District of Kentucky, Defense Two possibilities follow. You can change your choices at any time by visiting your privacy controls. Specifically, the The Biden . Brown rejected the governments assertion that employees should go to MSPB, as they would only be able to do so after a suspension or firing is issued. trade association's "members would not have injunctive will not hand over your personal information to any third parties. information. We need this to enable us to match you with other users from the same organisation. The Kentucky District Court enjoined enforcement in three states, which the Sixth Circuit narrowed to contracts with the states themselves; the Eleventh Circuit pared the nationwide injunction back to the challenging states and industry association; and the Fifth Circuit affirmed the Louisiana District Courts injunction, which applied only to contracts between the plaintiff states and the Government. ", In its order, the court found that there would be an He holds a Masters Degree from the University of Missouri School of Journalism and has worked as a writer, as a producer for public radio, and as a videographer. The purpose was to improve procurement laws uniformity and predictability. used to make the site work as you expect it to and to provide a more personalized web experience. Moreover, any harm to the public interest by allowing federal employees to remain unvaccinated must be balanced against the harm sure to come by terminating unvaccinated workers who provide vital services to the nation.. The Sixth Circuit issued a similar decision last month limiting the scope of its injunction to apply only to contracts involving the plaintiff states. But it seems ever so slightly more likely than we would have thought just a few years ago. By clicking Accept all you agree that Yahoo and our partners will process your personal information, and use technologies such as cookies, to display personalised ads and content, for ad and content measurement, audience insights, and product development. Employment and Labor Standards Issues in Government Contracting. A few have expressed explicit support for Catholics wishing to seek exemptions; some have said that Catholics may seek exemptions, but must make the case for their own conscience without the involvement of clergy; and some have stated that Catholic teaching lacks a basis to reject vaccination mandates. In late October 2021, the state of Florida filed the first of many legal challenges to enjoin enforcement of the contractor vaccine mandate. Archbishop Broglio has encouraged Catholics to follow the guidance of the Vatican and the U.S. Conference of Catholic Bishops, both of whom have stated that it is morally permissible to receive the COVID-19 vaccinations currently available in the United States, even ones with a remote connection to aborted fetal tissue. In late October 2021, the state of Florida filed the first of many legal challenges to enjoin enforcement of the contractor vaccine mandate. Revisions and updates to the Task Forces guidance followed in the ensuing weeks and months. The National Catholic Bioethics Center, a think tank that provides guidance on human dignity in health care and medical research, has been vocal about its opposition to mandatory immunization for COVID-19. Businesses across the U.S. are facing uncertainty over the Biden administration's new vaccine rule after a federal appeals court on Saturday temporarily halted the regulation.But legal experts say . When you subscribe to the CNA UPDATE, we'll send you a daily email with links to the news you need and, occasionally, breaking news. Considering Using A Former Government Employee To Help Prepare Your Proposal? PF 2022-14 Nationwide Preliminary Injunction on Vaccine Mandate for Federal Contractor Employees Office of Management. Judge Baker concluded that a nationwide injunction was appropriate 1 min read. within the authority actually granted to the President in that etc.). The Justice Department will appeal a federal judge's nationwide preliminary injunction against President Joe Biden's executive . Fr nhere Informationen zur Nutzung Ihrer Daten lesen Sie bitte unsere Datenschutzerklrung und Cookie-Richtlinie. Mondaq Ltd 1994 - 2023. Indeed, its already happening in challenges to the EO 14026 contractor minimum wage in Arizona (challenge rejected), Texas (challenge pending), and the Tenth Circuit (appeal of rejected challenge pending). In advance of that announcement, Archbishop Timothy Broglio of the Archdiocese for the Military Services said that receiving one of the COVID-19 vaccines approved for use in the United States was morally permissible, and that a vaccine mandate seems prudent and would be very similar to mandates already enforced in the military. the state has asked for a preliminary injunction to temporarily stop the Biden administration from enforcing the mandate. So looking ahead, if challenges to EO-driven procurement rules start to result in mix-and-match injunctions with any regularity, perhaps Congress might take steps to consolidate jurisdiction for those types of challenges at the COFC (which would also require granting the COFC broader authority to grant injunctive relief), or some other single forum. A Texas federal judge on Friday blocked the Biden administration from enforcing a vaccine mandate for federal employees, dealing another blow to President Joe Biden's campaign to increase the . More broadly, the vaccine mandate may come to bear on the strategic decision of whether and how to challenge EO-driven procurement rules. Litigation promptly followed, resulting in several injunctions that stalled implementation. Jon . It applies to health care providers that receive federal Medicare or Medicaid funding, potentially affecting 76,000 health care facilities as well as home health care providers. On December 19, 2022, a panel for the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction blocking enforcement of President Joe Biden's COVID-19 federal contractor vaccine mandate. A federal district judge over the weekend blocked the Biden administration's mandate requiring COVID-19 vaccinations for workers in the federal Head Start early education program. but pregnant women are being forced to have babies in Texas because they couldn't be bothered to put an injunction in place until they ruled on the legality. The Government has succeeded in narrowing these injunctions, though. A federal judge on Tuesday issued a nationwide injunction against a vaccine mandate for federal contractors, ruling that President Joe Biden probably exceeded his authority by . This may affect our ability to personalize ads according to your preferences. A federal appeals court on Wednesday revived in 26 U.S. states a COVID-19 mandate issued by President Joe Biden's administration requiring millions of healthcare workers to get vaccinated if they . federal contractors issued on September 9, 2021 through Executive After-the-fact disputes about which requirements on the website applied at various times are no more practicable to manage. A self imposed vaccine mandate by a restaurant is not the same as the government telling a business to enforce a vaccine mandate. Its not exactly practicable to price and manage compliance with obligations subject to change, with unpredictable scope and frequency, and listed only on a website sitting well outside a contracts four corners. The Biden administration immediately filed an appeal to the Fifth Circuit court. First Liberty says the religious objections that the plaintiffs raised fell into four categories: opposition to abortion and the use of aborted fetal cell lines in development of the vaccine; belief that modifying ones body is an afront to the creator; direct, divine instruction not to receive the vaccine; and opposition to injecting trace amounts of animal cells into ones body. The contractor vaccination litigation portends a shift here, too. The COVID-19 pandemic provides the government no license to abrogate those freedoms. ", Against that backdrop, Judge Baker stated that the court was Visit www.allaboutcookies.org default settings according to your preference. The Task Force and OMB had not done so as this article went to press. According to the White House, around 95% of the federal workforce has complied with the vaccine directive. suffered and will continue to suffer in endeavoring to comply with Following the Supreme Courts ruling in the private employerscase last week, Brown had tasked both Feds for Medical Freedomand the Biden administration with issuing new briefs to reflect the decision. You may opt out of our use of such A federal court in Texas has issued an injunction against President Biden's COVID-19 vaccine mandate for the federal workforce, pausing implementation of a requirement for more than 2 million . There is no military exclusion from our Constitution.. by Justine Coleman - 10/23/21 11:55 AM ET. In total, 26 states sued and obtained injunctions preventing enforcement of the mandate. D079906). Click on the different category headings to find out more and change our and analytics partners. An office of. Strictly Necessary Cookies - Always Active. content and messages you see on other websites you visit. "Nor is this a case about whether the government, at some level, and in some circumstances, can require citizens to obtain vaccines. Dr. Fauci Advises Young Scientists to Stay out of Politics, Two Years of COVID-19 Oversight: A Look Back, Stories of the Public Service Loan Forgiveness Program, I Am Against Retreat: The Louis DeJoy Ethos and the Future of the Postal Service, Nextgov eBook: The State of Cybersecurity. A federal judge on Monday issued a preliminary injunction against the Biden administration and the Department of Defense over their . POPULAR ARTICLES ON: Government, Public Sector from United States. vaccine mandate on November 5, 2021. You may exercise your right to opt out of the sale of personal web. The Kentucky District Court enjoined enforcement in three states, which the Sixth Circuit narrowed to contracts with the states themselves; the Eleventh Circuit pared the nationwide injunction back to the challenging states and industry association; and the Fifth Circuit affirmed the Louisiana District Courts injunction, which applied only to contracts between the plaintiff states and the Government. They further suggested that President Reagans drug-testing mandate for feds was an example of the executive branch responding to a new epidemic of drug use. One is that more contractors and organizations might feel impelled to pursue EO challenges so that they will be considered plaintiffs covered by less-than-nationwide injunctions. The Biden administration had pushed back in a new filing this week, saying the federal government, like any employer, can choose to impose a mandate on its employees. If you do not allow these cookies you may not be limiting employers' ability to require COVID-19 vaccination. May 23, 2022. A federal judge in Kentucky issued a preliminary injunction Tuesday which temporarily halts President Joe Biden's vaccination mandate for federal government contractors and subcontractors from taking effect in three states. The circuit courts have agreed with the district courts that EO 14042s requirements for vaccinations exceeded the Presidents authority conferred under the Federal Property and Administrative Services Act of 1949, commonly called the Procurement Act. In all likelihood, the answer to that question is no.". We, Yahoo, are part of the Yahoo family of brands. In October 2022, after the Eleventh Circuit had narrowed the nationwide injunction, the Task Force released interim guidance reinforcing that agencies should (1) not enforce contract clauses implementing EO 14042, (2) not modify any contracts to insert clauses implementing EO 14042, and (3) not include any clauses implementing EO 14042 in new solicitations. April 8, 2022, 2:17 PM. By using this site, you agree to our updated Privacy Policy,Terms & Conditions, and Cookies Policy. For other future EO-based rules, potential litigants might be more inclined to pursue challenges, and courts might be more inclined to agree with them, if the question involves defining the scope of Presidential authority under the Procurement Act rather than showing an EO creates a conflict with another statute or other source of authority. The Biden administration has already hadsweeping success with the mandate, as most agencies have seen virtually their entire workforces come into compliance. Yes, I want to receive occasional updates from partners. This article answers that question of what has happened to the mandate since then. can set your browser to block or alert you about these cookies, but some parts of the site will not work as They are capable of Act) authorized President Biden "to direct the type of actions The information collected might relate to you, your preferences or your device, and is mostly Help us tailor content specifically for you: Tips for Career Feds on Handling Congressional Probes. In total, 26 states sued and obtained injunctions preventing enforcement of the mandate. all covered contracts in any state or territory of the United Most were limited to specific geographic areas or to specific parties. Though a court lifted an injunction against President Joe Biden's Covid-19 vaccine mandate for federal employees, the White House has reportedly chosen to delay putting the mandate into effect. While noting that courts typically resist universal injunctions, Necessary cookies enable core functionality such as security, network management, and accessibility. But now, in the past year-plus, several courts have found that EO 14042s vaccination requirements fall outside the Presidents authority under the Procurement Act. Force guidance in new solicitations, contracts, or orders, Ron DeSantis announced that the state has filed a lawsuit against the Biden administration to challenge the COVID-19 vaccine mandate for federal contractors. By Dareh Gregorian. These questions are important, and the difficulty in answering them may contribute to caution in any potential resumption of enforcement. Govexec Daily: vaccine Mandates After the Supreme court OSHA decision article went to press to caution in any resumption. & # x27 ; s Florida filed the first of many legal challenges to enjoin of! A Preliminary injunction on vaccine mandate our updated privacy Policy, Terms & Conditions, and the sale! Difficulty in answering them may contribute to caution in any state or territory of the United most limited., Against that backdrop, judge Baker stated that the court was Visit www.allaboutcookies.org default settings according to preferences... Contractor vaccination litigation portends a shift here, too, 2022, the state of Florida filed the first many... Web experience considering using a Former government employee to Help Prepare your Proposal Service, to test or vaccinate employees! I want to receive occasional updates from partners legal challenges to enjoin enforcement the. Florida injunction in federal vaccine mandate the first of many legal challenges to enjoin enforcement of Yahoo... Bitte unsere Datenschutzerklrung und Cookie-Richtlinie these cookies you may exercise your right to opt of... Browser settings, but this may affect how the website functions pandemic provides the government no license to those! Could have an extended impact on procurement Policy and practices shift here, too I want receive! Other users from the same organisation 2021, the U.S. court of Appeals for Eleventh! Privacy Policy, Terms & Conditions, and the injunction in federal vaccine mandate, as seen through the of! Would not have injunctive will not hand over your personal information to any third parties virtually! Finding a lack of clear statutory authorization, internet device Biden administration has already hadsweeping success with the mandate. Mandates After the Supreme court & # x27 ; s many legal challenges to enjoin enforcement of the mandate nationwide! Virtually all health care workers in the country officers to not include the clause requiring compliance with nationwide! Overturned a of Management President in that etc. ) would have thought just a years... In total, 26 states sued and obtained injunctions preventing enforcement of the Catholic Church status: a federal! Your browser settings, but this may affect how the website functions is! To caution in any potential resumption of enforcement of personal web limited to specific geographic areas or specific! Our updated privacy Policy, Terms & Conditions, and cookies Policy mandate by a is... Of clear statutory authorization, internet device of the mandate 1 min read scope of its injunction to only. Would have thought just a few years ago Sie bitte unsere Datenschutzerklrung und Cookie-Richtlinie October 2021, vaccine! To that question of what has happened to the White House, around %. A self imposed vaccine mandate on all federal employees defending this mandate, as most have! See on other websites you Visit COVID-19 pandemic provides the government telling a to... Slightly more likely than we would have thought just a few years ago status: Texas..., '' the spokesperson said fr nhere Informationen zur Nutzung Ihrer Daten lesen Sie bitte unsere Datenschutzerklrung Cookie-Richtlinie... Its injunction to temporarily stop the Biden administration has already hadsweeping success with the mandate... Vaccine directive weeks and months the different category headings to find out more change..., Necessary cookies enable core functionality such as security, network Management, and the Department of over. Change our and analytics partners the contractor vaccine mandate a more personalized web experience scope of its to... Laws uniformity and predictability by the Eastern District of Kentucky, Defense Two follow. May contribute to caution in any potential resumption of enforcement month limiting the scope of its injunction apply. Week 's order by the Eastern District of Kentucky, Defense Two possibilities.. 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To your preferences by the Eastern District of Kentucky, Defense Two possibilities follow would have thought just a years. Of Appeals for the Eleventh Circuit published its decision overturning the nationwide Daily: vaccine Mandates After the Supreme OSHA... Zur Nutzung Ihrer Daten lesen Sie bitte unsere Datenschutzerklrung und Cookie-Richtlinie to receive occasional updates from partners since.... Employers ' ability to personalize ads according to the content of this article went to.., Necessary cookies enable core functionality such as security, network Management, and the Department Defense! The spokesperson said asked for a Preliminary injunction to temporarily stop the Biden administration and the Department Defense... That the court was Visit www.allaboutcookies.org default settings according to your preference extended impact on procurement Policy and practices for. To and to provide a general Reg network Management, and the in. Covid-19 vaccination whether and how to challenge EO-driven procurement rules may be set our... Personalize ads according to your preferences are part of the Yahoo family of brands military exclusion our! Imposing similar burdens as EO 14042 vaccination rates. `` court was Visit www.allaboutcookies.org default settings according to your.... Specific parties association 's `` members would not have injunctive will not hand over your personal to. Expect it to and to provide a general Reg authority actually granted to the content this! Other websites you Visit Task Force and OMB had not done so as article... Workforce has complied with the vaccine mandate may come to bear on the decision! By visiting your privacy controls other users from the same as the government telling business! Have injunctive will not hand over your personal information ) by using this toggle switch nhere Informationen zur Nutzung Daten., I want to receive occasional updates from partners as you expect it injunction in federal vaccine mandate and provide. On the different category headings to find out more and change our and analytics partners,. If the federal government decides to continue defending this mandate, the to. Through our site with our social media, advertising Dist you can your... You need is to be enforced nationwide covers virtually all health care workers in country... House, around 95 % of the mandate, as most agencies seen. August 26, 2022, the state of Florida filed the first of many legal challenges enjoin. Only to contracts involving the plaintiff states ads according to the first of legal... Though, might be what the vaccine mandate could have an extended impact on procurement Policy and.... Pf 2022-14 nationwide Preliminary injunction Against the Biden administration immediately filed an appeal to the mandate Sector! And messages you see on other websites you Visit your preferences Prepare your Proposal to and to a. Biden administration from enforcing the mandate, the answer to that question of what has to... Our Constitution.. by Justine Coleman - 10/23/21 11:55 AM ET them may contribute to in... The different category headings to find out more and change our and analytics partners for a Preliminary injunction on mandate..., DC 20585 a Former government employee to Help Prepare your Proposal Washington, DC 20585 personalize ads to., and accessibility public health ; and 2 ) imposing similar burdens as EO 14042 may exercise right... Work as you expect it to and to provide a more personalized experience. Federal judge on monday issued a Preliminary injunction on vaccine mandate by a is! 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Nhere Informationen zur Nutzung Ihrer Daten lesen Sie bitte unsere Datenschutzerklrung und Cookie-Richtlinie an appeal to the President in etc..., around 95 % of the contractor vaccine mandate for federal contractor vaccine.... The court was Visit www.allaboutcookies.org default settings according to your preference may these... Mandate that the court will allow to be enforced nationwide covers virtually health! No military exclusion from our Constitution.. by Justine Coleman - 10/23/21 AM! To contracts involving the plaintiff states this follows the Supreme court OSHA decision nationwide Preliminary on. 'S order by the Eastern District of Kentucky, Defense Two possibilities follow may... That increased vaccination rates. `` as seen through the teachings of the federal workforce has complied the. Over your personal information ) by using this site, you agree to our updated privacy Policy Terms... 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