Multistate lawsuits against the federal government during the Biden administration
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(Redirected from Multistate lawsuits against the federal government, 2021)
This page includes an overview of notable multistate lawsuits filed against the federal government during President Joe Biden's (D) administration. Multistate lawsuits are legal actions involving two or more state attorneys general. As of September 2, 2023, 68 multistate lawsuits had been filed against the Biden administration.[1][2]
For information about lawsuits filed against the Trump administration from 2017 to 2021, click here.
This page contains the following sections:
- Noteworthy multistate lawsuits against the Biden administration
- List of multistate lawsuits against the Biden administration
- Multistate lawsuits by administration, 1981-2023
Noteworthy multistate lawsuits against the Biden administration
The following multistate lawsuits gained national attention in the media or became major issues in the course of a political campaign. Details on the lawsuits are organized by topic.
Student loans
Nebraska v. Biden
- Administration action: President Joe Biden (D) announced on August 25, 2022, he would order the U.S. Department of Education to enact a three-part plan offering "targeted debt relief as part of a comprehensive effort to address the burden of growing college costs and make the student loan system more manageable for working families."[3]
- Lawsuit: Six states, led by Nebraska and Missouri, filed a lawsuit against Biden. The plaintiffs said it was an unlawful regulatory action outside of the administration's statutory power.
- Status: The United States Supreme Court ruled against the Biden administration, overturning the student loan debt relief plan.[4]
- States: Nebraska, Missouri, Arkansas, Iowa, Kansas, South Carolina
Georgia v. Biden
- Administration action: President Joe Biden (D) issued an executive order on Sept. 9 requiring all employees of federal contractors be vaccinated against the coronavirus by Jan. 18, 2022.[5]
- Lawsuit: Seven states, led by Georgia, filed a lawsuit against Biden. The plaintiffs said the rule violated federal procurement power and was not within the federal government's authority. The case is on appeal to the United States Court of Appeals for the Eleventh Circuit.[1]
- Status: The United States District Court for the Southern District of Georgia granted a nationwide injunction on the policy on December 7, 2021. The United States Court of Appeals for the Eleventh Circuit upheld the injunction and limited it to the plaintiff states.
- States: Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, West Virginia
Louisiana v. Becerra
- Administration action: The Centers for Medicare & Medicaid Services (CMS) issued an emergency regulation on November 4, 2021, that would require vaccinations of eligible staff at healthcare facilities that participate in the Medicare or Medicaid programs.
- Lawsuit: Fourteen states, led by Louisiana, filed a lawsuit against the CMS and the U.S. Department of Health and Human Services. The plaintiffs argued the rule "exceeds CMS’s statutory authority; violates the Social Security Act’s prohibition on regulations that control the selection and tenure of healthcare workers; is arbitrary and capricious; and violates the Spending Clause, the Anti-Commandeering doctrine, and the Tenth Amendment."[1]
- Status: The United States Supreme Court granted a stay of the injunctions against the policy.
- States: Louisiana, Montana, Alabama, Arizona, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, Ohio
Texas v. U.S. Department of Labor
- Administration action: The Occupational Safety and Health Administration (OSHA) issued an emergency regulation on November 5, 2021, that would require employers with more than 100 employees to mandate vaccination or weekly coronavirus testing for employees at covered workplaces.
- Lawsuit: Five states, led by Texas, filed a lawsuit against OSHA and the U.S. Department of Labor on November 5, 2021. The plaintiffs' motion to stay argued the rule exceeded OSHA's scope of authority and its enactment violated administrative law standards.[6][7]
- Status: The United States Supreme Court reinstated a stay on the rule.
- States: Texas, Louisiana, Mississippi, South Carolina, Utah
Energy and environment
Texas v. Biden: Keystone XL pipeline
- Administration action: Biden issued an executive order January 20, 2021, that revoked the presidential permit granted to TransCanada Keystone Pipeline to construct or operate pipeline facilities between the United States and Canada.
- Lawsuit: Twenty-one states, led by Texas and Montana, filed a lawsuit against Biden and his administration on March 17, 2021. The lawsuit said the permit revocation was a regulation of interstate and international commerce and, therefore, subject to congressional not executive authority. States not directly affected by the proposed path for the pipeline said its rejection would also have a negative ripple effect on the economy of non-pipeline states.[8]
- Status: The U.S. District Court for the South District of Texas granted a federal motion to dismiss on grounds of mootness.
- States: Montana, Texas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missisippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, Wyoming. Alaska and Florida subsequently joined the case.
Missouri v. Biden: Executive order on social costs of greenhouse gases
- Administration action: Biden issued an executive order on January 20, 2021, that called on agencies to account for the social cost of greenhouse emissions. "An accurate social cost is essential for agencies to accurately determine the social benefits of reducing greenhouse gas emissions when conducting cost-benefit analyses of regulatory and other actions," the executive order said.
- Lawsuit: Twelve states, led by Missouri Attorney General Eric Schmitt (R), filed a lawsuit against Biden on March 8, 2021. The lawsuit argued that the executive branch had assumed legislative power in attempting to define the social costs of greenhouse gases. The lawsuit said the Biden administration violated the separation of powers.[9]
- Status: Federal government's motion to dismiss granted, affirmed by the United States Court of Appeals for the Eighth Circuit.
- States: Missouri, Arizona, Arkansas, Indiana, Kansas, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, and Utah
List of multistate lawsuits against the Biden administration
The following table provides a list of lawsuits against the Biden administration involving two states or more. It also includes the date the action was initiated, the number of states involved, the docket or citation number, and the status of the case. This information was originally compiled by the State Litigation and AG Activity Database.[1]
This table was last updated on September 2, 2023.
| Overview of multistate lawsuits against the federal government | ||||
|---|---|---|---|---|
| Case | Date filed | Number of states | Docket or citation | Status |
| Ohio v. EPA | July 17, 2023 | 3 | 23-01183 | Pending |
| Iowa v. EPA | June 5, 2023 | 19 | 23-01144 | Pending |
| Louisiana v. Department of Homeland Security | June 1, 2023 | 10 | 2:23-cv-01839 | Pending |
| Indiana v. Mayorkas | May 31, 2023 | 18 | 1:23-cv-00106 | Pending |
| Missouri v. EPA | April 17, 2023 | 3 | 23-01787 | Pending |
| Washington v. FDA | February 23, 2023 | 12 | 23-35294 | District court denied most of plaintiffs' motion for preliminary injunction (4/7/23) |
| West Virginia v. EPA | February 16, 2023 | 24 | 23-2411 | Preliminary injunction issued (4/12/23) |
| Firearms Regulatory Accountability Coalition v. Garland | February 9, 2023 | 25 | 3:23-cv-00032 | Pending |
| Utah v. Walsh | January 26, 2023 | 25 | 2:23-cv-00016 | Pending |
| Texas v. U.S. Department of Homeland Security | January 24, 2023 | 20 | 6:23-cv-00007 | Pending |
| California v. EPA | January 20, 2023 | 11 | 23-1020 | Voluntarily dismissed (8/17/23) |
| Texas v. HHS | January 18, 2023 | 2 | 4:23-cv-00066 | Dismissed (8/18/23) |
| Huisha-Huisha v. Mayorkas | November 21, 2022 | 19 | 22-05325 | Pending |
| Nebraska v. Biden | September 29, 2022 | 6 | 22-3179 | Supreme court blocked Biden administration policy (6/30/23) |
| Morehouse Enterprises v. ATF | July 27, 2022 | 16 | 22-2854 | Pending |
| Tennessee v. U.S. Department of Agriculture | July 26, 2022 | 22 | 3:22-cv-00257 | Dismissed (3/29/23) |
| Texas v. NHTSA | June 30, 2022 | 11 | 22-01144 | Pending |
| Louisiana v. Horseracing Integrity and Safety Authority | June 29, 2022 | 2 | 22-30458 | Motion for preliminary injunction granted (8/3/22) |
| Ohio v. EPA | May 12, 2022 | 17 | 22-01081 | Pending |
| Colville v. Becerra | May 5, 2022 | 8 | 1:22-cv-00113 | Pending |
| Missouri v. Biden | May 5, 2022 | 2 | 3:22-cv-01213 | National injunction granted (7/4/23) |
| Arizona v. Garland | April 28, 2022 | 20 | 6:22-cv-01130 | Pending |
| California v. U.S. Postal Service | April 28, 2022 | 18 | 3:22-cv-02583 | Stayed pending proceedings in a related case (8/1/22) |
| Alabama v. Mayorkas | April 4, 2022 | 3 | 4:22-cv-00418 | Voluntarily dismissed by plaintiff states (6/30/23) |
| Louisiana v. Centers for Disease Control and Prevention | April 3, 2022 | 24 | 22-30303 | Dismissed (6/14/23) |
| Florida v. Walensky | March 29, 2022 | 21 | 8:22-cv-00718 | Dismissed (6/27/23) |
| Louisiana v. U.S. Department of Energy | March 17, 2022 | 12 | 22-60146 | Pending |
| Indiana v. Biden | March 4, 2022 | 14 | 1:22-cv-00430 | Plaintiff states voluntarily dismissed case after Department of Justice responded to FOIA request (3/22/23). |
| Texas v. EPA | February 28, 2022 | 15 | 22-1031 | Pending |
| Texas v. Biden | February 10, 2022 | 3 | 6:22-cv-00004 | Pending |
| Arizona v. Walsh | February 9, 2022 | 5 | 2:22-cv-00213 | Motion to dismiss granted (1/6/23) |
| Texas v. Biden | January 28, 2022 | 15 | 3:22-cv-00780 | Pending |
| Louisiana v. Becerra | December 21, 2021 | 24 | 3:21-cv-04370 | Permanent injunction granted in plaintiff states (9/21/22) |
| Arizona v. Biden | November 18, 2021 | 3 | 22-03272 | Voluntarily dismissed (6/27/23). |
| Louisiana v. Becerra | November 15, 2021 | 14 | 21-30734 | Dismissed (12/2/22). |
| Connecticut v. FERC | November 10, 2021 | 2 | 21-1198 | Held in abeyance (7/27/22) |
| Missouri v. Biden | November 10, 2021 | 10 | 21-1463 | Dismissed (7/21/23). |
| Texas v. U.S. Department of Labor | November 5, 2021 | 5 | 21A244 21A247 |
Supreme Court stayed the rule (1/13/22). |
| Florida v. Occupational Health and Safety Administration | November 5, 2021 | 3 | 21A244 21A247 |
Consolidated with Texas v. U.S. Department of Labor (11/18/21). |
| Kentucky v. Occupational Health and Safety Administration | November 5, 2021 | 7 | 21A244 21A247 |
Consolidated with Texas v. U.S. Department of Labor (11/18/21). |
| Missouri v. Biden | November 5, 2021 | 11 | 21A244 21A247 |
Consolidated with Texas v. U.S. Department of Labor (11/18/21). |
| Louisiana v. Biden | November 4, 2021 | 3 | 22-30019 | Voluntarily dismissed by plaintiff states since rule was no longer in effect (6/1/23). |
| Kentucky v. Biden | November 4, 2021 | 3 | 21-6147 | Dismissed (7/28/23) |
| Georgia v. Biden | October 29, 2021 | 7 | 21-14269 | Voluntarily dismissed by plaintiff states since rule was no longer in effect (6/1/23). |
| Missouri v. Biden | October 29, 2021 | 10 | 22-1104 | Dismissed (6/7/23). |
| Ohio v. Becerra | October 25, 2021 | 12 | 21-04235 | Circuit court denied states' motion for injunction (2/8/22). |
| Missouri v. Biden | October 21, 2021 | 2 | 22-40110 | Dismissal reversed (6/16/23) |
| Tennessee v. U.S. Department of Education | August 30, 2021 | 20 | 3:21-cv-00308 | District court granted motion for preliminary injunction (7/15/22). Stayed pending appeal (11/3/22). |
| American Municipal Power v. FERC | August 13, 2021 | 3 | 21-01173 | Pending |
| Arizona v. EPA | July 29, 2021 | 5 | 21-1159 | Dismissed (8/11/23) |
| Texas v. Yellen | May 3, 2021 | 3 | 22-10560 | District court enjoined enforcement of challenged tax provisions (4/8/22). |
| Oklahoma v. United States | April 26, 2021 | 8 | 5:21-cv-00104 | Dismissed by district court (6/3/22). Dismissal upheld on appeal. |
| Texas v. Biden | April 22, 2021 | 1 (+1 amicus) | 4:21-cv-00579 | Preliminary injunction granted (3/4/22). Stayed and voluntarily dismissed after change to policy. |
| Louisiana v. Biden | April 22, 2021 | 10 | 22-30087 | Preliminary injunction vacated, case dismissed (4/5/23). |
| Florida v. Becerra | April 20, 2021 | 3 | 21-12243 | Motion for preliminary injunction granted (6/18/21). Voluntarily dismissed by plaintiff states after expiration of policy. |
| Texas v. Biden | April 13, 2021 | 2 | 21-954 | Permanent injunction issued. Supreme Court ruled in favor of Biden administration (6/30/22). |
| Kentucky v. Yellen | April 6, 2021 | 2 | 21-6108 | Injunction as it applied to Tennessee upheld, reversed as it applied to Kentucky (11/18/22). |
| Texas v. United States | April 6, 2021 | 2 | 22-58 | Supreme Court ruled states did not have standing (6/23/23). |
| West Virginia v. Department of the Treasury | March 31, 2021 | 13 | 22-10168 | Court enjoined the federal government from enforcing tax policy in American Rescue Plan Act (11/15/21) |
| Missouri v. Yellen | March 29, 2021 | 1 (+ 19 amici) | 21-2118 | Dismissed (7/14/22) |
| Arizona v. Yellen | March 25, 2021 | 1 (+ 21 amici) | 21-16227 | Held in abeyance (1/24/23) |
| Louisana v. Biden | March 24, 2021 | 13 | 21-30505 | Motion for permanent injunction granted (8/18/22) |
| Ohio v. Yellen | March 22, 2021 | 1 (+20 amici) | 21-03787 | Injunction vacated (11/18/22) |
| American Municipal Power v. FERC | March 16, 2021 | 2 | 21-1090 | Pending |
| Texas v. Biden | March 17, 2021 | 23 | 3:21-cv-00065 | District court granted federal government's motion to dismiss (1/6/22). |
| Alabama v. U.S. Department of Commerce | March 10, 2021 | 1 (+16 amici) | 3:21-cv-00211 | Dismissed |
| Arizona v. U.S. Department of Homeland Security | March 8, 2021 | 2 | 21-16118 | District court dismissed case |
| Missouri v. Biden | March 8, 2021 | 12 | 21-03013 | Federal government's motion to dismiss granted |
Multistate lawsuits by administration, 1981-2023
The following chart compares the total number of multistate lawsuits filed against each presidential administration between 1981 and 2023, according to the State Litigation and AG Activity Database.
See also
- Joe Biden presidential administration
- Joe Biden's executive orders and actions
- Joe Biden's Cabinet
- Ballotpedia's Daily Transition Tracker
Footnotes
- ↑ 1.0 1.1 1.2 1.3 State Litigation and AG Activity Database," accessed May 12, 2021
- ↑ USA Today, "12 Republican state attorneys general sue President Biden over climate change order," March 8, 2021
- ↑ White House, "FACT SHEET: President Biden Announces Student Loan Relief for Borrowers Who Need It Most," August 24, 2022
- ↑ Supreme Court, "Biden v. Nebraska," accessed June 30, 2023
- ↑ White House, "Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors," September 9, 2021
- ↑ CNBC, "Texas to challenge constitutionality of Biden administration’s new Covid vaccine mandate in lawsuit," November 5, 2021
- ↑ Fox Business, "Federal court of appeals issues temporary halt to Biden vaccine mandate," November 6, 2021
- ↑ NBC News, "21 Republican-led states sue Biden over Keystone XL rejection," March 17, 2021
- ↑ USA Today, "12 Republican state attorneys general sue President Biden over climate change order," March 9, 2021
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