Injunction Against Health Care Worker Vaccine Mandates Unlikely to Be Stayed Before 2022

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Yesterday, the Biden Administration asked the Supreme Court to stay the U.S. Court of Appeals for the Fifth Circuit’s injunction against the health care worker vaccine mandate. Today, the Court asked for a response by December 30 (see the case docket here).

Given that it is exceedingly unlikely that the Court will act prior to the response is filed — and that an order on New Year’s Eve would seem unlikely — this means that the decision on whether to stay the injunction will not be made until 2022.

This is a significant setback for the Biden Administration, as the rule requiring employees of Medicare and Medicaid service providers was supposed to take effect in November, and required covered workers to have obtained their first and second vaccine doses by December 4 and January 4, respectively. Even if the Supreme Court grants the stay just after the New Year, there will be no way for covered entities to comply in accordance with the original schedule.

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