Critics, however, cite conflicting rulings. In November, the Ninth Circuit ruled that Biden lacked authority for the wage increase, and a similar challenge is pending in the Fifth Circuit.
The Road Ahead
With legal challenges piling up, the Supreme Court’s response could carry significant weight. While the Department of Justice, representing the DOL, declined to comment, the stakes for the Biden administration are clear. A ruling against the wage hike could curtail the president’s influence over federal contracting policies, reshaping how future administrations wield the Procurement Act.
The outdoor companies are represented by Michael Poon, Oliver J. Dunford, and Steven Simpson of the Pacific Legal Foundation. The DOL’s legal team includes U.S. Solicitor General Elizabeth B. Prelogar, Brian M. Boynton, Mark B. Stern, and Daniel Winik.
As the justices deliberate whether to take up the case, the battle over Biden’s wage mandate exemplifies the tension between executive authority and judicial interpretation—a tug-of-war with profound implications for contractors and workers alike.
