On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary:
A 5-4 Court majority let the Centers for Medicare & Medicaid Services (CMS) enforce its vaccine mandate nationwide, impacting specified healthcare facilities.
A 6-3 majority blocked the US Occupational Safety and Health Administration (OSHA) from enforcing its vax-or-test Emergency Temporary Standard (ETS) applicable to large employers.
The third federal vaccine rule—the federal contractor vaccine mandate—remains subject to multiple legal challenges and, at this time, the government is blocked from enforcing the mandate nationwide. The Court has not yet weighed in on this mandate.
On December 7, 2021, the US District Court for the Southern District of Georgia issued a nationwide injunction that blocks the federal government from enforcing the federal contractor and subcontractor vaccine mandate. The preliminary injunction issued is for the pendency of the litigation challenging the enforceability of the mandate filed by the states of Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia. This injunction order may be challenged on appeal.
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