In addition to challenges to individual employer-imposed mandates, a wave of lawsuits have sought to invalidate Biden Administration efforts to increase the nation’s vaccination rate. These include President Biden’s executive orders for federal contractors (EO 14042) and U.S. government employees (EO 14043), Department of Defense (DOD) vaccine mandates for military and civilian employees, the Occupational Safety and Health Administration’s Emergency Temporary Standard (OSHA ETS) “vaccine or test” rule for employers with at least 100 employees or more, the Centers for Medicare and Medicaid Services (CMS) mandate for covered providers who participate in the Medicare and Medicaid programs and others covered by the CMS mandate, and a mandate for federally funded Head Start programs.
With few exceptions, courts have been unwilling to enjoin private employers’ vaccination requirements. In contrast, courts have been far more inclined to bar enforcement of government-issued mandates, at least while the ongoing legal challenges are pending. The DOD vaccination requirements are on hold pursuant to an injunction issued by the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit also suspended enforcement of the OSHA ETS, but the Sixth Circuit dissolved the stay. The U.S. Supreme Court reversed the Sixth Circuit’s decision and granted a temporary stay. The Biden Administration has since withdrawn the OSHA ETS.
However, the Supreme...
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