CMS Vaccine Mandate Faces Nationwide Preliminary Injunction
Highlights
A federal district court in Louisiana issued a nationwide preliminary injunction against the Centers for Medicare and Medicaid Services’ new rule establishing mandatory COVID-19 compliance for healthcare workers and facilities
This injunction joins a prior federal court issued injunction, impacting 10 states, but is in contrast to an earlier denial of preliminary injunction out of Florida
Both federal courts found the plaintiffs are likely to succeed on the merits due to CMS’s broad overreach and inappropriate rulemaking procedures
On Nov. 30, 2021, in State of Louisiana v. Becerra, the U.S. District Court for the Western District of Louisiana granted a nationwide preliminary injunction, immediately halting the Centers for Medicare and Medicaid Services’ (CMS) federal mandate requiring employees, volunteers, and third-party contractors working at healthcare facilities to be vaccinated against COVID-19. This decision followed another injunction issued a day earlier, by the U.S. District Court for the Eastern District of Missouri, in State of Missouri, et al. v. Joseph R. Biden, Jr., which had blocked enforcement of this same mandate in Arkansas, Alaska, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.
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