Yesterday, the U.S. Supreme Court denied a request to enjoin New York State from enforcing its regulation requiring COVID-19 vaccination for healthcare workers despite the fact that the regulation did not allow for religious accommodations. The Court did not issue any written opinion or rationale but was accompanied by a 14-page dissent by Justice Gorsuch.

Meanwhile, also yesterday, the Eighth Circuit Court of Appeals denied the federal government’s motion to stay a preliminary injunction that precludes the Centers for Medicare and Medicaid Services (“CMS”) from enforcing its COVID-19 Vaccine Mandate in the ten states at issue in that lawsuit. The federal government sought to have the preliminary injunction stayed but the Eighth Circuit Court of Appeals rejected that request without explanation. The nationwide injunction precluding CMS from implementing its COVID-19 vaccination mandate is similarly on appeal but in the Fifth Circuit Court of Appeals.

Healthcare employers should continue to follow these evolving legal issues to ensure compliance in this ever-changing landscape.