The Supreme Court has Heard Arguments on COVID-19 Vaccine Mandates. And Now, We Wait.

10 January 2022 Blog
Authors: Larry S. Perlman
Published To: Labor & Employment Law Perspectives Coronavirus Resource Center:Back to Business

As we teed up for our readers, the various appeals over the OSHA Emergency Temporary Standard (ETS) and the Center for Medicare & Medicaid Services (CMS) health care worker vaccination mandate were argued before the U.S. Supreme Court this past Friday, January 7, 2022.

Those who listened to the Court’s livestream heard over three hours of intense argument as to why the mandates should either be struck down or remain in effect. After the proceedings concluded, there were plenty of opinions as to the fate of the mandates. Based on the tenor of the justices’ questions, a number of pundits believe that the OSHA-ETS (for those who employ 100 or more individuals) will be struck down, while the CMS healthcare worker vaccination mandate will remain in place. And Justice Alito added another wrinkle for those reading the tea leaves to consider, asking whether the Court should issue a brief administrative stay, enjoining OSHA enforcement, while the Court decides whether or not to permanently stay the ETS.

Predictions aside, as of the time of this publication the Court has remained silent. This means that for now, OSHA’s compliance deadlines for the ETS—including the February 9th deadline to comply with the standard’s testing requirement, and today’s deadline for all other requirements (including creation of a plan, communication of the plan, and collection of vaccination data) remain in effect. Likewise, the CMS healthcare worker mandate remains in effect in 25 states, the District of Columbia, and U.S. territories until further notice.

We join our readers in anxiously awaiting further word and plan to update you as soon as we all hear from the Court.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services