Topics
More on Policy and Legislation

Supreme Court to hear arguments over vaccine mandates on January 7

The Supreme Court is fast-tracking the cases as the Omicron variant is causing COVID-19 cases to surge nationwide.

Susan Morse, Executive Editor

Photo: Al Drago/Getty Images

The Supreme Court will hear oral arguments over federal vaccine mandates in a special session on Friday, January 7, 2022.

This is an unusual move by the justices to hear two cases to determine whether the mandates stand, as legal challenges move through the appeals process. Ultimately, the question of whether the federal vaccine mandates are legal will likely head to the Supreme Court. 

One case is over the mandate for workers at companies having 100 or more employees to either get vaccinated or to get tested. The other mandates vaccinations healthcare workers in facilities that receive Medicaid and Medicare funding.

"In an unexpected move, SCOTUS on Wednesday night scheduled oral arguments for Jan. 7 in a pair of shadow-docket requests involving two Biden vaccine policies: the vax-or-test mandate for large employers, and the vaccine mandate for healthcare facilities," tweeted SCOTUSblog.

WHY THIS MATTERS

The Supreme Court is fast-tracking the cases as the Omicron variant is causing COVID-19 cases to surge nationwide.

Federal plaintiffs want the justices to reinstate President Joe Biden's vaccine mandates that have been struck down in the lower courts, while the cases move through the appeals process.

This week, the Department of Justice asked the Supreme Court to uphold the vaccine mandate for healthcare workers by requesting a stay of a federal court order against it.

THE LARGER TREND

A November 5 rule requires healthcare workers in facilities that participate in the Medicare and Medicaid program to get vaccinated against COVID-19. It goes into effect in January.

Two other federally mandated vaccine orders for federal contractors, and for workers in large companies, have also been legally challenged.  

About half the states in the United States, 24, have filed lawsuits against the federal vaccine mandates.

The challenges have been consolidated in the U.S. Court of Appeals for the 6th Circuit.

Twitter: @SusanJMorse
Email the writer: susan.morse@himssmedia.com