Kristin K. MAYES; State of Arizona; Al Reble; Phoenix Law Enforcement Association; United Phoenix Firefighters Association Local 493, Plaintiffs-Appellees,
v.
Joseph R. BIDEN, in his official capacity as President of the United States; Alejandro N. Mayorkas, in his official capacity as Secretary of Homeland Security; U.S. Department of Homeland Security; Troy A. Miller, in his official capacity as Senior Official Performing the Duties of the Commissioner of US Customs and Border Protection; Tae Johnson, in his official capacity as Senior Official Performing the Duties of Director of US Immigration and Customs Enforcement; Ur Mendoza Jaddou, in her official capacity as Director of US Citizenship and Immigration Services; Office of Personnel Management; Kiran Ahuja, in her official capacity as director of the Office of Personnel Management and as co-chair of the Safer Federal Workforce Task Force; United States General Services Administration; Shalanda Young, in her official capacity as Acting Director of the Office of Management and Budget and as a member of the Safer Federal Workforce Task Force; Safer Federal Workforce Task Force; Jeffrey Zients, in his official capacity as co-chair of the Safer Federal Workforce Task Force and Covid-19 Response Coordinator; L. Eric Patterson, in his official capacity as Director of the Federal Protective Service and member of the SFWTF; James M. Murray, in his official capacity as Director of the United States Secret Service and member of the SFWTF; Deanne Criswell, in her official capacity as Director of the Federal Emergency Management Agency and member of the SFWTF; Rochelle Walensky, in her official capacity as Director of the Centers for Disease Control and Prevention and member of the SFWTF; Centers for Disease Control and Prevention; Federal Acquisition Regulatory Council; Mathew C. Blum, in his official capacity as Chair of the Federal Acquisition Regulatory Council and Acting Administrator of the Office of Federal Procurement Policy, Office of Management and Budget; Lesley A. Field, in her official capacity as a member of the Federal Acquisition Regulatory Council and Acting Administrator for Federal Procurement at the Office of Federal Procurement Policy, Office of Management and Budget; Karla S. Jackson, in her official capacity as a member of the Federal Acquisition Regulatory Council and Assistant Administrator for Procurement at the National Aeronautics and Space Administration; Jeffrey A. Koses, in his official capacity as a member of the Federal Acquisition Regulatory Council and Senior Procurement Executive at the General Services Administration; John M. Tenaglia, in his official capacity as a member of the Federal Acquisition Regulatory Council and Principal Director of Defense Pricing and Contracting at the Department of Defense; United States of America; United States Department of Justice; Merrick B. Garland, Attorney General, in his official capacity as Attorney General of the United States, Defendants-Appellants,
Arizona Chamber of Commerce & Industry; Fifty-Sixth Arizona Legislature, Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 7, 2023 Las Vegas, Nevada.
Kory Langhofer and Thomas Basile , Statecraft PLLC, Phoenix, Arizona; Michael Bailey , Arizona Chamber of Commerce & Industry, Phoenix, Arizona; for Intervenors Fifty-Sixth Legislature and Arizona Chamber of Commerce & Industry.
Before: Richard R. Clifton, Mark J. Bennett, and Roopali H. Desai, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER
On April 19, 2023, this court issued its opinion in which it reversed and vacated the district court's grant of a permanent injunction, which had enjoined President Biden's "Contractor Mandate," including Executive Order 14042. Mayes v. Biden, 67 F.4th 921, 946 (9th Cir. 2023);1see also Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50,985 (Sept. 14, 2021).<...
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