Federal Courts Freeze Federal Contractor and CMS Vaccine Mandates

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Preliminary injunction blocks vaccine mandate for federal contractors and subcontractors

On November 30, 2021, The U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction preventing the government from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in Kentucky, Ohio, and Tennessee. In his Order, Judge Van Tatenhove cited to constitutional concerns and limits on presidential authority. The Order is likely to be appealed to the Sixth Circuit Court of Appeals. Meanwhile, similar challenges are pending across the country in other jurisdictions.

Preliminary injunction blocks CMS vaccine mandate

On November 30, 2021, The U.S. District Court for the Western District of Louisiana issued a nationwide preliminary injunction blocking the government from enforcing the Centers for Medicare and Medicaid Services (CMS) mandate, which requires most healthcare workers be vaccinated by January 4, 2022. In the Memorandum Ruling, Judge Doughty cited to constitutional concerns and limits on the government’s authority. The Order is likely to be appealed to the Fifth Circuit Court of Appeals, which recently issued a stay halting enforcement of the OSHA Emergency Temporary Standard.

We will continue to monitor legal challenges and developments regarding vaccination requirements. Please contact your counsel with questions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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