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

Yesterday the Biden Administration requested the Supreme Court to stop the Fifth Circuit injunction against health worker vaccination mandate. The Court requested a reply by December 30, (see case docket).

It is extremely unlikely that the Court will respond to the reply, and it would be unlikely for them to issue an order by New Year’s Eve. Therefore, the Court won’t decide whether or not to suspend the injunction until 2022.

It is an important setback for Biden Administration. The rule which required Medicare service provider employees to get their first and second shots of vaccines in December was to be effective. Even though the Supreme Court allows the stay to be granted after the new year, it won’t allow for covered entities or individuals to adhere to the original schedule.