ORDER
On April 19, 2023, this court issued its opinion in which it reversed and vacated the district courts grant of a permanent injunction, which had enjoined President Bidens “Contractor Mandate,” including Executive Order 14042. Mayes v. Biden, 67 F.4th 921, 946 (9th Cir. 2023); 1 see also Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50,985 (Sept. 14, 2021).
On May 9, 2023, after we issued our opinion but before the mandate issued, President Biden rescinded Executive Order 14042. See Executive Order 14099, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers, 88 Fed. Reg. 30,891 (May 15, 2023). On June 15, 2023, because a judge of this court called for a vote to determine whether this case should be reheard en banc, the court directed the parties to file simultaneous briefs. The case remains pending.
On December 11, 2023, the Supreme Court vacated as moot the judgment in three cases concerning vaccine mandates, where the common issue was whether the judgment below should be vacated for mootness under United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950). See Payne v. Biden, No. 22-1225, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2023 WL 8531836 (U.S. Dec. 11, 2023) (Mem.) (“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit with instructions to dismiss the case as moot.”); Biden v. Feds for Med. Freedom, No. 23-60, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2023 WL 8531839 (U.S. Dec. 11, 2023) (Mem.) (“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit with instructions to direct the District Court to vacate as moot its order granting a preliminary injunction.”); Kendall v. Doster, No. 23-154, ––– U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2023 WL 8531840 (U.S. Dec. 11, 2023) (Mem.) (“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit with instructions to direct the District Court to vacate as moot its preliminary injunctions.”).
In accordance with Payne, Feds for Medical Freedom, and Doster, it is hereby ORDERED (1) that the opinion of this court, 67 F.4th 921, is vacated as moot and this appeal is dismissed; 2 and (2) that this case is remanded with instructions to vacate the portion of the orders on appeal addressing all claims based on the Contractor Mandate.
FOOTNOTES
1
. Following argument, we had stayed the injunction pending resolution of the appeal.
2
. We have an independent duty to consider mootness sua sponte. See Demery v. Arpaio, 378 F.3d 1020, 1025 (9th Cir. 2004).