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Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule

On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (“CMS”) from enforcing its COVID-19 vaccine mandate nationwide as to non-plaintiff states. Louisiana et al v. Becerra et al., No. 3:12-cv-03970 (W.D. La. December 15, 2021).

Immediately after this ruling was issued, Plaintiffs in the matter pending before the United States District Court for the Northern District of Texas, Texas et al v. Becerra et al., No. 2:21-cv-229-Z (N.D. Tex. December 15, 2021) sought a ruling on its Motion for Preliminary Injunction. The Court granted the motion enjoining CMS from enforcing its COVID-19 vaccine mandate in Texas.

As a result, because of this Fifth Circuit ruling, the Eastern District of Missouri’s prior ruling, and the Northern District of Texas ruling, CMS cannot presently enforce its vaccine mandate in: Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky and Ohio, Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, Texas and Wyoming.

As of now, CMS can proceed with enforcing its rule in all remaining 25 states. CMS has not yet stated whether it will proceed with enforcement in those 25 states and/or what new deadlines for compliance may be imposed if they do. Impacted employers should continue to monitor for further developments.

Jackson Lewis P.C. © 2022National Law Review, Volume XI, Number 350
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About this Author

 Jackson Lewis Law Firm, Sarah R. Skubas, Associate, Litigation Attorney, discrimination, harassment
Associate

Sarah R. Skubas is an Associate in the Hartford, Connecticut, office of Jackson Lewis P.C. Her practice is focused on employment litigation, preventive counseling and labor relations.

Ms. Skubas defends employers against claims of discrimination, harassment, retaliation, wage and hour violations and state and federal FMLA violations. She also assists employers in providing preventive counseling, preparing employee handbooks and policies and procedures, advising on such personnel matters as hiring and firing, performance management, internal investigations and...

860-522-0404
Jessica Draper Labor Lawyer Jackson Lewis
Associate

Jessica Draper is an associate in the Hartford, Connecticut, office of Jackson Lewis P.C. She focuses her practice on employment litigation. 

Jessica defends employers against claims of harassment, discrimination, retaliation, and failure to accommodate before federal and state courts and administrative agencies. 

In addition to handling employment litigation matters, Jessica assists higher education clients with a broad range of student related matters, including Title IX sexual misconduct investigations, student grievances, disability...

860-331-1531
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