Late last year, we blogged about the vaccine mandates promulgated by the Biden Administration. At that time, we explained that the mandates, if implemented, would have a limited effect on schools in South Dakota and Nebraska, and would primarily impact Head Start employees. Since then, a series of lawsuits have been filed challenging the enforcement of these mandates, and it’s been an effort in futility to keep track of whether (or not) these mandates would even become effective. The Supreme Court ultimately heard two of these lawsuits. In opinions issued on Thursday, January 13, the Supreme Court allowed enforcement of the vaccination requirements applicable to employees of Medicaid and Medicare funding recipients. In the second opinion, the Supreme Court blocked the OSHA vaccination requirements applicable to covered employers.
You Win Some. . . You Lose Some. . .
The Supreme Court issued rulings in National Federation of Independent Business (NFIB) v. Department of Labor, Occupational Safety and Health Administration, 595 U.S. ____ (2022), and Biden v. Missouri, 595 U.S. ____ (2022).
In NFIB, plaintiff’s challenged OSHA’s emergency rule that required employees of most large employers (not including public schools in NE and SD) to either be vaccinated or submit to weekly COVID testing. The Court ruled in favor of the plaintiffs and issued an injunction barring OSHA from enforcing the rule during the pendency of further proceedings. The Court found that OSHA likely lacks the authority to take such an expansive, far-reaching measure affecting 84 million workers without clear and obvious statutory authority conferred by the legislature.
In Biden v. Missouri, the Court upheld the Biden Administration’s authority to impose a vaccination requirement on employees of Medicaid and Medicare funding recipients. According to the Court, the statutes establishing the Medicare and Medicaid programs clearly granted the Secretary of Health and Human Services the authority to regulate and establish standards applicable to recipients of Medicare and Medicaid funds, and a COVID-19 vaccine requirement was similar to prior exercises of that authority.
What About Head Start?
For 24 states, including South Dakota and Nebraska, the vaccination mandate requiring Head Start employees to be vaccinated against COVID-19 is also on hold pending further litigation. These states convinced a federal judge that the Biden Administration exceeded its authority in issuing a final rule requiring that all Head Start employees and contractors serving students and families be vaccinated. This decision is pending appeal and could also be brought before the Supreme Court.
Stay Tuned. . .
Although a couple battles were won and lost this week, the wars are far from over. We anticipate that litigation over these vaccination mandates will continue well into the new year. Stay tuned, and we’ll keep you updated on what you need to know about these lawsuits. In the meantime, if you have any questions or concerns about navigating the new year, feel free to call Karen, Steve, Bobby, Coady, Tyler, Sara, or Jordan, or email all of us using ksb@ksbschoollaw.com.