President Biden acted within his authority in issuing a controversial COVID-19 vaccination mandate for federal contractors in September 2021, the U.S. Court of Appeals for the Ninth Circuit ruled April 19. In reversing a lower court ruling in Mayes v. Biden, the Ninth Circuit went in the opposite direction from three other federal circuit courts that refused to uphold the mandate because they concluded that the President exceeded his authority in issuing it.
The Ninth Circuit disagreed with the Fifth, Sixth, and Eleventh Circuit Courts in their determinations that the vaccine mandate exceeded the President’s authority under the Procurement act. The Ninth Circuit found that the vaccine mandate was not substantially different from past and present presidents’ use of the Procurement Act. It pointed to requirements for federal contractors to commit to affirmative action programs, to adhere to wage and price guidelines, to ensure compliance with immigration laws, and to attain sick leave parity with non-contracting employers.