What is the status of the CMS Vaccine Mandate at present?
The United States District Court in the Western District of Louisiana has issued a nationwide injunction preventing the federal government from implementing the CMS vaccine mandate for health care staff. This injunction applies to all states which were not covered by the injunction issued yesterday in ten states, ensuring that the entire nation is covered.
In its memorandum ruling, the District Court in the Louisiana case found that the federal government did not have the authority to issue such a mandate.
There are currently four active cases regarding the CMS interim final rule staff vaccine mandate:
the Louisiana litigation, which was filed by a 14-state group
the Missouri litigation filed by 10 states and which was the subject of the 10-state preliminary injunction issued yesterday
and individual cases filed by the states of Florida and Texas.
Florida’s request for a preliminary injunction was denied by the District Court last week and is being appealed. A hearing in the Texas case is scheduled for Thursday morning.
The federal government today noticed its intention to appeal the 10-state injunction, which makes it likely we should expect an appeal of the nationwide injunction, as well.
What does today’s action by the Louisiana District Court mean?