U.S. Supreme Court to Decide Fate of Federally Issued COVID Vaccination Requirements

December 23, 2021


Late on Wednesday, December 22, 2021, the U.S. Supreme Court announced it will review the pending challenges to two separate COVID-19 vaccination rules: (1) the Occupational Safety and Health Administration (OSHA) vaccinate-or-test rule applicable to all private companies with 100 or employees and (2) the Centers for Medicare and Medicaid Services (CMS) vaccine rule applicable to most healthcare facilities.

Last week, the Sixth Circuit Court of Appeals lifted a temporary stay on the OSHA vaccinate-or-test rule, which prompted immediate appeal to the U.S. Supreme Court. Yesterday, the Supreme Court issued Orders scheduling oral arguments for January 7, 2022 in both sets of cases. The Court established an accelerated timeline for the appeals, given the emergency nature of the disputes and the January enforcement date set by OSHA, but there is no established date for the Court to render its decisions.

The Supreme Court has not yet announced that it will review the validity of Executive Order 14042, the federal contractor vaccination rule, which is currently stayed in all 50 states pending further decision.

We continue to recommend moving toward compliance in the event the Court affirms one or both rules. 

Please contact a member of our Labor & Employment Law Practice Group if you have questions. 


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