Multistate lawsuits against the federal government during the Biden administration

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 August 6, 2022, 54 multistate lawsuits had been filed against the Biden administration. Five of these lawsuits challenged regulations established during the Trump administration.

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, 1981-2021

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.

Coronavirus

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.

• 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.

• Status: The United States District Court for the Southern District of Georgia granted a nationwide injunction on the policy on December 7, 2021. The order is on appeal to the United States Court of Appeals for the Eleventh Circuit.

• 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."

• 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.

• 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.

• 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.

• Status: Federal government's motion to dismiss granted, on appeal to 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.

This table was last updated on August 6, 2022.

Overview of multistate lawsuits against the federal government
Case	Date filed	Number of states	Docket or citation	Status
Morehouse Enterprises v. ATF	July 27, 2022	16	3:22-cv-00116	Pending
Tennessee v. U.S. Department of Agriculture	July 26, 2022	22	3:22-cv-00257	Pending
Texas v. NHTSA	June 30, 2022	11	22-01144	Pending
Louisiana v. Horseracing Integrity and Safety Authority	June 29, 2022	2	6:22-cv-01934	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	Pending
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	Stayed pending Supreme Court action (7/15/22)
Louisiana v. Centers for Disease Control and Prevention	April 3, 2022	24	22-30303	Pending
Florida v. Walensky	March 29, 2022	21	8:22-cv-00718	Stayed pending an appeal in related litigation (6/2/22)
Louisiana v. Biden	March 17, 2022	12	22-60146	Pending
Indiana v. Biden	March 4, 2022	14	1:22-cv-00430	Pending
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	Pending
Texas v. Biden	January 28, 2022	15	3:22-cv-00780	Pending
Louisiana v. Becerra	December 21, 2021	24	3:21-cv-04370	Nationwide injunction granted (1/1/22).
Arizona v. Biden	November 18, 2021	3	22-03272	Preliminary injunction reversed (7/5/22).
Louisiana v. Becerra	November 15, 2021	14	21-30734	Stay on injunction granted in part, denied in part (1/18/22).
Constellation Mystic Power v. FERC	November 10, 2021	2	21-1198	Held in abeyance (7/27/22)
Missouri v. Biden	November 10, 2021	10	21A240	Preliminary injunction vacated (4/11/22).
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	Preliminary injunction granted in part, denied in part (12/16/21).
Kentucky v. Biden	November 4, 2021	3	21-6147	Preliminary injunction granted (11/30/21).
Georgia v. Biden	October 29, 2021	7	21-14269	Preliminary injunction granted (12/7/21).
Missouri v. Biden	October 29, 2021	10	22-1104	Preliminary injunction granted (12/20/21).
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	Dismissed (8/3/22)
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)
American Municipal Power v. FERC	August 13, 2021	3	21-01173	Held in abeyance.
Arizona v. EPA	July 29, 2021	5	21-1159	Pending
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).
Texas v. Biden	April 22, 2021	1 (+1 amici)	4:21-cv-00579	Preliminary injunction granted (3/4/22). Stayed after change to policy.
Louisiana v. Biden	April 22, 2021	10	22-30087	District court issued a preliminary injunction, injunction stayed on appeal (2/11/22).
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	District court enjoined the federal government from enforcing tax policy in American Rescue Plan Act against plaintiff states (9/24/21).
Texas v. United States	April 6, 2021	2	22-58	Preliminary injunction issued. Appeal voluntarily dismissed after policy change. Case vacated (6/10/22).
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	Pending
Louisana v. Biden	March 24, 2021	13	21-30505	Motion for preliminary injunction granted (6/15/21)
Ohio v. Yellen	March 22, 2021	1 (+20 amici)	21-03787	Permanent injunction granted (7/1/21)
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.
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, on appeal to Eighth Circuit

Multistate lawsuits by administration, 1981-2022

The following chart compares the total number of multistate lawsuits filed against each presidential administration between 1981 and 2022, according to the State Litigation and AG Activity Database.

See also

• Joe Biden presidential transition
• Joe Biden's executive orders and actions
• Joe Biden's Cabinet
• Ballotpedia's Daily Transition Tracker