Payne v. Biden

Case Number: 21-cv-3077 D.D.C.

Government Oversight
November 2021
Status: Won
Government Oversight

Problem:

The Biden Administration issued an Executive Order requiring all executive branch employees to get the COVID-19 vaccine or face termination. AFL sued on behalf of a federal employee to protect his right to not be forced to get an injection he did not want or need.

Action:

AFL filed a lawsuit on behalf of a career civilian Navy employee to have the Executive Order declared illegal and unconstitutional. AFL also supported similar litigation in the Fifth Circuit case of Feds For Medical Freedom v. Biden.

Result:

AFL VICTORY: While AFL technically lost at the district and circuit level, AFL’s case theory prevailed at the Fifth Circuit en banc stage, which led the Administration to reverse course and end the vaccine mandate. Thus, AFL’s client prevailed and retained his career without having to get the injection. AFL has also asked the Supreme Court to vacate the DC Circuit’s opinion.

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