Capitol Correspondence - 01.11.22

U.S. Supreme Court Heard Oral Arguments in Cases Challenging OSHA and CMS Vaccination Rules

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On January 7, the U.S. Supreme Court heard oral arguments for challenges to both the preliminary injunction of the Centers for Medicare & Medicaid Services (CMS) Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (IFR) and enforcement of the Occupational and Safety Health Administration (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS).

In both cases, the Supreme Court was focused on questioning whether the administration had the authority to promulgate each rule and deciding whether to place temporary holds. In the OSHA case, the Court must determine whether to put on hold a decision from the Sixth Circuit allowing the OSHA ETS to be implemented. Without a temporary hold granted by the Court, employers covered by the OSHA rule are considered out of compliance with the rule’s first deadline requiring policies and masks for employees as of January 10.

In the CMS case, the Court is deciding whether to lift the preliminary injunctions issued in lower courts blocking enforcement of the CMS IFR in 25 states. Current CMS guidance requires that all staff of covered facilities in the other 25 states receive at least one dose of a vaccine by January 27.

ANCOR will continue to update as the Supreme Court issues decisions in both cases.