The state of Georgia has filed four separate lawsuits in response to vaccination mandates recently imposed by the Biden administration. See below for more information on the four cases. While the lawsuit is pending, we will continue to update this page as new information becomes available.

status update

Federal contractors: Effective December 7, 2021, the vaccination mandate for federal contractors nationwide has been temporarily suspended.

OSHA: On January 13, 2022, the US Supreme Court blocked enforcement of the vaccination mandate for companies with 100 or more employees.

Health Care Workers: On January 13, 2022, the US Supreme Court allowed the enforcement of the vaccination mandate for health care workers.

Head Start: Effective January 1, 2022, the vaccination and masking mandate for Head Start programs in Georgia, among others, has been temporarily suspended.

Vaccination order for federal contractors

First registration: On October 29, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a complaint in the United States District Court for the Southern District of Georgia (Augusta Division) to challenge the vaccination mandate for federal contractors. This mandate applies to many statewide public and private employers that receive certain federal funds, including the Georgia Department of Agriculture and the University System of Georgia. By filing the lawsuit, the state has asked for an injunction to temporarily prevent the Biden administration from enforcing the mandate.

Federal injunction: On December 7, 2021, the United States District Court for the Southern District of Georgia (Augusta Division) granted the state’s motion for an injunction to temporarily prevent the federal government from enforcing the mandate statewide.

Injunction remains in force nationwide: On December 17, 2021, the United States Court of Appeals for the Eleventh Circuit denied the federal government’s motion to stay enforcement of the statewide injunction. The temporary injunction remains in force nationwide.

Associated files:

  • The first press release can be found here.
  • Access a copy of the original complaint

    here

    .

  • Access a copy of the December 7, 2021 court ruling


    Download this pdf file.
    here

    .

Vaccination compulsory for companies with 100 or more employees

First registration: On November 5, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a complaint in the United States Court of Appeals for the Eleventh Circuit to challenge the vaccination mandate for employers with 100 or more employees. This emergency regulation was issued on November 5, 2021 by the Occupational Safety and Health Administration (OSHA) and the US Department of Labor. By filing the lawsuit, the state asked the court to suspend the mandate.

Stay Confirmed Nationwide: On November 12, 2021, the United States Court of Appeals for the Fifth Circuit affirmed its decision to stop the mandate under a statewide stay, and OSHA temporarily suspended enforcement of the mandate. A final decision will come from the United States Court of Appeals for the Sixth Circuit, where claims from all states challenging OSHA’s mandate have been consolidated into one case.

Stay Raised Statewide: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit reversed the statewide stay.

SCOTUS submission: On December 18, 2021, Georgia filed a motion in the United States Supreme Court for an immediate stay of office.

SCOTUS Hearing: On December 22, 2021, the United States Supreme Court agreed to hear arguments in our case against the mandate. An expedited hearing is scheduled for January 7, 2022.

SCOTUS opinion: On January 13, 2022, the United States Supreme Court blocked the execution of the mandate.

Associated files:

  • The first press release can be found here.
  • Access a copy of the complaint


    Download this pdf file.
    here

    .

  • Access a copy of the December 17, 2021 court ruling


    Download this pdf file.
    here

    .

  • Access a copy of the January 13, 2022 court ruling


    Download this pdf file.
    here

    .

Vaccination for health workers

First registration: On November 15, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a complaint in the U.S. District Court for the Western District of Louisiana (Monroe Division) to challenge the immunization mandate for all eligible health facility workers participating in Medicare and Medicaid programs. This emergency regulation was issued by the Centers for Medicare and Medicaid Services (CMS) on November 5, 2021. With the filing of the lawsuit, the state has sought an injunction to temporarily stop CMS and the US Department of Health and Human Services from enforcing the mandate.

Federal injunction: On November 30, 2021, the U.S. District Court for the Western District of Louisiana (Monroe Division) granted the state’s motion for an injunction to temporarily prevent CMS and the U.S. Department of Health and Human Services from enforcing the mandate statewide.

Injunction remains in force in Georgia: On December 15, 2021, the United States Court of Appeals for the Fifth Circuit granted the federal government’s motion to stay enforcement of the statewide injunction. However, the court also denied the federal government’s motion to stay enforcement of the injunction with respect to the plaintiff states, including Georgia. Therefore, the restraining order remains in effect in Georgia, among other places.

SCOTUS Hearing: On December 22, 2021, the United States Supreme Court agreed to hear arguments in our case against the mandate. An expedited hearing is scheduled for January 7, 2022.

SCOTUS Hearing: On January 13, 2022, the United States Supreme Court allowed the mandate to be executed.

Associated files:

  • The first press release can be found here.
  • Access a copy of the complaint


    Download this pdf file.
    here

    .

  • Access a copy of the November 30, 2021 court ruling


    Download this pdf file.
    here

    .

  • Access a copy of the December 15, 2021 court ruling


    Download this pdf file.
    here

    .

  • Access a copy of the January 13, 2022 court ruling


    Download this pdf file.
    here

    .

Head start vaccine and mandatory masking

First registration: On December 21, 2021, Governor Brian Kemp and Attorney General Chris Carr filed a lawsuit in the U.S. District Court for the Western District of Louisiana (Monroe Division) to challenge the Head Start vaccine and masking mandate. This mandate was granted on November 30, 2021 by the United States Department of Health and Human Services. The mandate applies to all programs funded by Head Start, including some programs administered by the Department of Early Care and Learning of Georgia. Specifically, this mandate requires that all Head Start employees and certain contractors and volunteers be fully vaccinated and that all Head Start children ages two and older wear masks. In filing the lawsuit, the state has asked for an injunction to temporarily prevent the US Department of Health and Human Services and the Administration for Children and Families from enforcing the mandate.

Issuing an injunction: On January 1, 2022, the United States District Court for the Western District of Louisiana (Monroe Division) granted the state’s motion for an injunction ordering the United States Department of Health and Human Services and the Children’s and Temporarily suspend families from enforcing the mandate in Georgia and 23 other states.

Associated files:

  • The first press release can be found here.
  • Access a copy of the complaint


    Download this pdf file.
    here

    .

  • Access a copy of the January 1, 2022 court ruling


    Download this pdf file.
    here

    .