Split Decision: Supreme Court Throws Out Vaccine Mandate For Large Employers But Revives It For Healthcare Workers

On January 13, 2022, two hotly anticipated Supreme Court decisions were published regarding two of the Biden Administration’s four vaccine mandates: the OSHA Large Employer Emergency Temporary Standard (“ETS”) and the CMS Interim Final Rule (“IFR”). The Supreme Court ordered the OSHA Large Employer ETS Stayed (i.e., it’s ineffective and cannot be enforced). The Supreme Court lifted stays entered against the CMS Interim Final Rule (i.e., it’s effective, but expect CMS to issue a revised timeline similar to what OSHA did when the Sixth Circuit revived the ETS).

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