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Multistate lawsuits against the federal government during the Biden administration
From Ballotpedia
(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. By the end of his term in office, 133 multistate lawsuits were filed against the Biden administration.[1][2]
For information about lawsuits filed against the Trump administration from 2017 to 2021, click here. For information about lawsuits filed against the Trump administration in his second term, 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, 1981-2025
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]
| Overview of multistate lawsuits against the federal government | |||
|---|---|---|---|
| Case | Date filed | Number of states | Docket or citation |
| Louisiana v. Biden | January 17, 2025 | 5 | 2:25-cv-00071 |
| Louisiana v. U.S. Department of Commerce | January 17, 2025 | 4 | 6:25-cv-00076 |
| Tennessee v. HHS | January 17, 2025 | 15 | 3:25-cv-00025 |
| American Free Enterprise Chamber of Commerce v. EPA | January 15, 2025 | 17 | 25-89 |
| American Water Association v. EPA | January 13, 2025 | 11 | 24-01376 |
| Utah v. Todman | January 2, 2025 | 15 | 6:25-cv-00001 |
| Texas v. Nuclear Regulatory Commission | December 30, 2025 | 2 | 6:24-cv-00507 |
| Wyoming v. Haaland | December 11, 2024 | 2 | 1:24-cv-00257 |
| Kentucky v. SEC | November 14, 2024 | 18 | 3:24-cv-00069 |
| Louisiana v. FCC | November 6, 2024 | 3 | 24-02061 |
| Mississippi v. U.S. Department of Energy | October 14, 2024 | 7 | 24-60529 |
| Kansas v. Becerra | October 8, 2024 | 20 | 1:24-cv-00110 |
| Missouri v. U.S. Department of Education | October 2, 2024 | 7 | 4:24-cv-01316 |
| Indiana v. FCC | September 30, 2024 | 14 | 24-02013 |
| Texas v. Becerra | September 26, 2024 | 17 | 5:24-cv-00225 |
| Barton v. U.S. Department of Labor | September 20, 2024 | 4 | 5:24-cv-00249 |
| Texas v. U.S. Department of Homeland Security | August 23, 2024 | 16 | 24-40571 |
| Montana v. Biden | August 13, 2024 | 9 | 6:24-cv-01141 |
| Kansas v. United States | August 8, 2024 | 19 | 1:24-cv-00150 |
| Texas v. EPA | August 5, 2024 | 17 | 24-01274 |
| Missouri v. Becerra | July 10, 2024 | 7 | 4:24-cv-00937 |
| Texas v. U.S. Department of Labor | June 3, 2024 | 1 (14 amicus) | 4:24-cv-00499 |
| West Virginia v. NHTSA | June 26, 2024 | 26 | 24-07001 |
| North Dakota v. U.S. Department of the Interior | June 21, 2024 | 3 | 1:24-cv-00124 |
| Utah v. Haaland | June 18, 2024 | 2 | 2:24-cv-00438 |
| Louisiana v. Haaland | June 17, 2024 | 3 | 24-30658 |
| Kansas v. U.S. Department of Labor | June 11, 2024 | 17 | 2:24-cv-00076 |
| Texas v. Becerra | June 10, 2024 | 2 | 24-40568 |
| Tennessee v. Becerra | May 30, 2024 | 15 | 24-60462 |
| West Virginia v. EPA | May 28, 2024 | 22 | 24-02225 |
| Idaho v. EPA | May 28, 2024 | 12 | 1:24-cv-00100 |
| Iowa v. Council on Environmental Quality | May 21, 2024 | 21 | 1:24-cv-00089 |
| Kansas v. U.S. Department of Education | May 14, 2024 | 4 | 24-03097 |
| Louisiana v. EEOC | May 13, 2024 | 2 | 2:24-cv-00629 |
| Tennessee v. EEOC | May 13, 2024 | 18 | 3:24-cv-00224 |
| Nebraska v. EPA | May 13, 2024 | 24 | 24-01129 |
| Ohio v. EPA | May 9, 2024 | 2 | 24-01121 |
| Oklahoma v. EPA | May 9, 2024 | 13 | 24-01125 |
| North Dakota v. EPA | May 8, 2024 | 23 | 24-01119 |
| Arkansas v. U.S. Department of Education | May 7, 2024 | 6 | 24-02921 |
| Texas v. Bureau of Alcohol, Tobacco, Firearms, and Explosives | May 1, 2024 | 4 | 24-10612 |
| Kansas v. U.S. Attorney General | May 23, 2024 | 21 | 24-03101 |
| Tennessee v. Cardona | April 30, 2024 | 6 | 24-05588 |
| Louisiana v. U.S. Department of Education | April 29, 2024 | 4 | 24-30399 |
| Alabama v. Cardona | April 29, 2024 | 4 | 24-12444 |
| Tennessee v. EEOC | April 25, 2024 | 17 | 24-02249 |
| North Dakota v. U.S. Department of the Interior | April 24, 2024 | 4 | 24-03299 |
| Kentucky v. EPA | April 18, 2024 | 25 | 24-01087 |
| Missouri v. Biden | April 9, 2024 | 7 | 24-02351 |
| Iowa v. Granholm | April 5, 2024 | 13 | 24-01721 |
| Kansas v. Biden | March 28, 2024 | 11 | 24-03089 |
| Oklahoma v. EPA | March 12, 2024 | 24 | 24-01059 |
| Louisiana v. Biden | March 21, 2024 | 16 | 24-30489 |
| Ohio Bureau of Workers' Comp. v. SEC | March 13, 2024 | 3 | 24-01631 |
| Iowa v. SEC | March 12, 2024 | 9 | 24-01522 |
| Louisiana v. SEC | March 11, 2024 | 3 | 24-01627 |
| Kentucky v. EPA | March 6, 2024 | 24 | 24-01050 |
| West Virginia v. SEC | March 6, 2024 | 10 | 24-01634 |
| Washington v. FERC | February 12, 2024 | 2 | 24-60354 |
| West Virginia v. EPA | January 16, 2024 | 25 | 24-01009 |
| Kentucky v. Federal Highway Administration | December 21, 2023 | 21 | 24-05532 |
| Louisiana v. EPA | December 4, 2023 | 11 | 2:23-cv-01714 |
| New York v. Regan | August 21, 2023 | 10 | 1:23-cv-02767 |
| Ohio v. EPA | July 17, 2023 | 3 | 23-01183 |
| Iowa v. EPA | June 5, 2023 | 19 | 23-01144 |
| Louisiana v. Department of Homeland Security | June 1, 2023 | 10 | 2:23-cv-01839 |
| Indiana v. Mayorkas | May 31, 2023 | 18 | 1:23-cv-00106 |
| Missouri v. EPA | April 17, 2023 | 3 | 23-01787 |
| Washington v. FDA | February 23, 2023 | 12 | 23-35294 |
| West Virginia v. EPA | February 16, 2023 | 24 | 23-2411 |
| Firearms Regulatory Accountability Coalition v. Garland | February 9, 2023 | 25 | 3:23-cv-00032 |
| Utah v. Walsh | January 26, 2023 | 25 | 2:23-cv-00016 |
| Texas v. U.S. Department of Homeland Security | January 24, 2023 | 20 | 6:23-cv-00007 |
| California v. EPA | January 20, 2023 | 11 | 23-1020 |
| Texas v. HHS | January 18, 2023 | 2 | 4:23-cv-00066 |
| Huisha-Huisha v. Mayorkas | November 21, 2022 | 19 | 22-05325 |
| Nebraska v. Biden | September 29, 2022 | 6 | 22-3179 |
| Morehouse Enterprises v. ATF | July 27, 2022 | 16 | 22-2854 |
| Tennessee v. U.S. Department of Agriculture | July 26, 2022 | 22 | 3:22-cv-00257 |
| Texas v. NHTSA | June 30, 2022 | 11 | 22-01144 |
| Louisiana v. Horseracing Integrity and Safety Authority | June 29, 2022 | 2 | 22-30458 |
| Ohio v. EPA | May 12, 2022 | 17 | 22-01081 |
| Colville v. Becerra | May 5, 2022 | 8 | 1:22-cv-00113 |
| Missouri v. Biden | May 5, 2022 | 2 | 3:22-cv-01213 |
| Arizona v. Garland | April 28, 2022 | 20 | 6:22-cv-01130 |
| California v. U.S. Postal Service | April 28, 2022 | 18 | 3:22-cv-02583 |
| Alabama v. Mayorkas | April 4, 2022 | 3 | 4:22-cv-00418 |
| Louisiana v. Centers for Disease Control and Prevention | April 3, 2022 | 24 | 22-30303 |
| Florida v. Walensky | March 29, 2022 | 21 | 8:22-cv-00718 |
| Louisiana v. U.S. Department of Energy | March 17, 2022 | 12 | 22-60146 |
| Indiana v. Biden | March 4, 2022 | 14 | 1:22-cv-00430 |
| Texas v. EPA | February 28, 2022 | 15 | 22-1031 |
| Texas v. Biden | February 10, 2022 | 3 | 6:22-cv-00004 |
| Arizona v. Walsh | February 9, 2022 | 5 | 2:22-cv-00213 |
| Texas v. Biden | January 28, 2022 | 15 | 3:22-cv-00780 |
| Louisiana v. Becerra | December 21, 2021 | 24 | 3:21-cv-04370 |
| Arizona v. Biden | November 18, 2021 | 3 | 22-03272 |
| Louisiana v. Becerra | November 15, 2021 | 14 | 21-30734 |
| Connecticut v. FERC | November 10, 2021 | 2 | 21-1198 |
| Missouri v. Biden | November 10, 2021 | 10 | 21-1463 |
| Texas v. U.S. Department of Labor | November 5, 2021 | 5 | 21A244 21A247 |
| Florida v. Occupational Health and Safety Administration | November 5, 2021 | 3 | 21A244 21A247 |
| Kentucky v. Occupational Health and Safety Administration | November 5, 2021 | 7 | 21A244 21A247 |
| Missouri v. Biden | November 5, 2021 | 11 | 21A244 21A247 |
| Louisiana v. Biden | November 4, 2021 | 3 | 22-30019 |
| Kentucky v. Biden | November 4, 2021 | 3 | 21-6147 |
| Georgia v. Biden | October 29, 2021 | 7 | 21-14269 |
| Missouri v. Biden | October 29, 2021 | 10 | 22-1104 |
| Ohio v. Becerra | October 25, 2021 | 12 | 21-04235 |
| Missouri v. Biden | October 21, 2021 | 2 | 22-40110 |
| Tennessee v. U.S. Department of Education | August 30, 2021 | 20 | 3:21-cv-00308 |
| American Municipal Power v. FERC | August 13, 2021 | 3 | 21-01173 |
| Arizona v. EPA | July 29, 2021 | 5 | 21-1159 |
| Texas v. Yellen | May 3, 2021 | 3 | 22-10560 |
| Oklahoma v. United States | April 26, 2021 | 8 | 5:21-cv-00104 |
| Texas v. Biden | April 22, 2021 | 1 (+1 amicus) | 4:21-cv-00579 |
| Louisiana v. Biden | April 22, 2021 | 10 | 22-30087 |
| Florida v. Becerra | April 20, 2021 | 3 | 21-12243 |
| Texas v. Biden | April 13, 2021 | 2 | 21-954 |
| Kentucky v. Yellen | April 6, 2021 | 2 | 21-6108 |
| Texas v. United States | April 6, 2021 | 2 | 22-58 |
| West Virginia v. Department of the Treasury | March 31, 2021 | 13 | 22-10168 |
| Missouri v. Yellen | March 29, 2021 | 1 (+ 19 amici) | 21-2118 |
| Arizona v. Yellen | March 25, 2021 | 1 (+ 21 amici) | 21-16227 |
| Louisana v. Biden | March 24, 2021 | 13 | 21-30505 |
| Ohio v. Yellen | March 22, 2021 | 1 (+20 amici) | 21-03787 |
| American Municipal Power v. FERC | March 16, 2021 | 2 | 21-1090 |
| Texas v. Biden | March 17, 2021 | 23 | 3:21-cv-00065 |
| Alabama v. U.S. Department of Commerce | March 10, 2021 | 1 (+16 amici) | 3:21-cv-00211 |
| Arizona v. U.S. Department of Homeland Security | March 8, 2021 | 2 | 21-16118 |
| Missouri v. Biden | March 8, 2021 | 12 | 21-03013 |
Multistate lawsuits by administration, 1981-2025
The following chart compares the total number of multistate lawsuits filed against each presidential administration between 1981 and 2025, 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 December 6, 2024
- ↑ 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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