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Vanderstelt v. Biden

The Biden Administration enacted an unlawful executive order to compel millions of Americans working for government contractors (even if they did not perform work on government contracts) to take a COVID-19 vaccine. This mandate required Plaintiffs to take a vaccine without their consent—and in the case of those with naturally acquired immunity, against the medical advice of experts—thereby depriving them of their constitutional right to bodily integrity and to refuse unwanted medical care and violating their statutory right to informed consent.

On September 9, 2021, the Biden Administration announced several new administrative actions aimed at coercing a total of 100 million Americans to receive a COVID-19 vaccine. In addition to private employer, healthcare facility, and federal employee mandates, the announcement covered those working for federal contractors. The federal contractor mandate was prohibited by judicial orders in the U.S. District Courts for the Eastern District of Kentucky and Southern District of Georgia.

The President could not exercise authority this sweeping under the guise of “procurement” in the absence of clear and explicit congressional authorization. The attempt to control the personal health decisions of Americans through general procurement authority is a question of deep economic and political significance. Congress did not provide—nor does the Procurement Act allow—the President to have such power. Presidential policies prescribed under the Procurement Act are valid only if there is a “nexus between the regulations and some delegation of requisite legislative authority by Congress.” There was no nexus here.

Additionally, under the unconstitutional conditions doctrine, the government could not impair Plaintiffs’ right to refuse medical care through subtle forms of coercion any more than it could through an explicit mandate.

Sheng Li
Litigation Counsel
Jenin Younes
Litigation Counsel
John J. Vecchione
Senior Litigation Counsel

Opinion and Order Granting Motion To Dismiss

October 20, 2023 | Read More

Plaintiffs' Opposition to Defendants' Motion to Dismiss

August 23, 2023 | Read More

Brief in Support of Defendants' Motion to Dismiss

July 12, 2023 | Read More

Complaint for Declaratory and Injunctive, and Other Relief

May 15, 2023 | Read More


NCLA Decries Govt Effort to Moot Suit Against Biden’s Illegal Federal Contractor Vaccine Mandate

August 23, 2023 | Read More

NCLA Files Class-Action Lawsuit to Block Biden’s Unlawful Federal Contractor Vaccine Mandate

January 4, 2022 | Read More



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