Yesterday, a federal decide in Kentucky issued a preliminary injunction blocking the Biden Administration’s COVID-19 vaccine mandate for federal contractors in Kentucky, Ohio and Tennessee, and a federal decide in Louisiana blocked the healthcare employee vaccine mandate for healthcare amenities in Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia.
Within the Kentucky case over the federal contractor mandate, the decide concluded the federal authorities had seemingly exceeded its authority below the Federal Property and Administrative Companies Act (“FPASA”) in issuing the mandate, holding that the aim of the FPASA was to advertise economical and environment friendly federal contracting to not promulgate a public well being measure. The decide additionally held that the Plaintiffs have been prone to prevail on their declare that the mandate intrudes upon an space of regulation (public well being and security) that has been historically reserved to the States.
As a result of the Attorneys Common of Kentucky, Ohio and Tennessee had challenged the mandate, the decide concluded his injunction was restricted to these three states. Thus, in the meanwhile, the January 18th deadline for federal contractor compliance with the mandate stays in impact in different states. The injunction will stay in place till the decide points a ultimate choice on the deserves of the case.
Within the Louisiana case difficult the healthcare employee vaccine rule, the decide equally concluded that an injunction was acceptable as a result of the plaintiff states have been prone to succeed on their declare that the Heart for Medicare and Medicaid Companies exceeded its statutory authority by mandating vaccination for all healthcare employees who labored at amenities receiving Medicare and Medicaid funds.
The 2 injunctions mentioned on this alert are along with the injunction issued towards OSHA’s Emergency Non permanent Commonplace, which stays in place. The conditions as to those injunctions is susceptible to alter shortly, however we’ll preserve you up to date on these adjustments.