Defendants' Notice of Supplemental Authority — State of Georgia, et al. v. Joseph R. Biden, et al. (Dkt. 92, S.D. Ga. No. 1:21-cv-00163)

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Defendants' Notice of Supplemental Authority, Doc. 92, filed December 6, 2021, in The State of Georgia, et al. v. Joseph R. Biden, Case No. 1:21-cv-163-RSB-BKE, United States District Court for the Southern District of Georgia, Augusta Division. Defendants notify the court of a decision rendered that day by the Eleventh Circuit in Florida v. United States Dep't of Health and Human Services, No. 21-14098-JJ. The Eleventh Circuit upheld the district court's denial of a preliminary injunction against an interim final rule of the Department of Health and Human Services on COVID-19 vaccination of staff at facilities providing health care to Medicare and Medicaid beneficiaries. The notice states that the decision supplements Defendants' merits arguments and arguments on the proper scope of any relief.

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1 
 
UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA 
AUGUSTA DIVISION 
 
THE STATE OF GEORGIA, et al. 
 
Plaintiffs, 
 
v. 
 
JOSEPH R. BIDEN in his official 
capacity as President of the United 
States, et al. 
 
Defendants. 
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Case No. 1:21-cv-163-RSB-BKE 
 
 
DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY 
 
Defendants hereby notify this Court of a decision rendered today by the U.S. Court of 
Appeals for the Eleventh Circuit in Florida v. United States Dep’t of Health and Human Services, 
— 
F.4th 
—, 
No. 
21-14098-JJ 
(11th 
Cir. 
Dec. 
6, 
2021), 
available 
at 
https://media.ca11.uscourts.gov/opinions/pub/files/21-14098order.pdf 
(last accessed Dec. 6, 
2021). In the decision, the Eleventh Circuit upheld the district court’s denial of a preliminary 
injunction to enjoin an interim final rule issued by the U.S. Department of Health and Human 
Services, which “requires facilities that provide health care to Medicare and Medicaid beneficiaries 
to ensure that their staff, unless exempt for medical or religious reasons, are fully vaccinated 
against COVID-19” as a condition for federal Medicare and Medicaid funding. Id. at 1. The 
decision supplements Defendants’ merits arguments and arguments regarding the proper scope of 
any relief. See Defs.’ Consol. Opp’n to Pls.’ and ABC’s Mots. for a Prelim. Inj. at 12–38, ECF No. 
63. 
 
 
Case 1:21-cv-00163-RSB-BKE   Document 92   Filed 12/06/21   Page 1 of 2

 
 
 
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Dated: December 6, 2021 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 
BRIAN M. BOYNTON 
Acting Assistant Attorney General 
 
DAVID ESTES 
Acting United States Attorney 
 
BRAD P. ROSENBERG 
Assistant Branch Director 
Civil Division 
 
/s/ Vinita B. Andrapalliyal 
VINITA B. ANDRAPALLIYAL 
LEE REEVES 
Trial Attorneys 
United States Department of Justice 
Civil Division, Federal Programs Branch 
P.O. Box No. 883, Ben Franklin Station 
Washington, DC 20044 
Phone: (202) 305-0845 
Fax: (202) 616-8470 
E-mail: vinita.b.andrapalliyal@usdoj.gov 
 
Attorneys for Defendants 
 
 
 
Case 1:21-cv-00163-RSB-BKE   Document 92   Filed 12/06/21   Page 2 of 2

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