Injunction Against Health Care Worker Vaccine Mandates Unlikely to Be Stayed Before 2022

The Supreme Court has asked for responses to the federal government's stay request.

Yesterday, the Biden Administration asked the Supreme Court to stay the U.S. Court of Appeals for the Fifth Circuit's injunction against the health care worker vaccine mandate. Today, the Court asked for a response by December 30 (see the case docket here).

Given that it is exceedingly unlikely that the Court will act prior to the response is filed—and that an order on New Year's Eve would seem unlikely—this means that the decision on whether to stay the injunction will not be made until 2022.

This is a significant setback for the Biden Administration, as the rule requiring employees of Medicare and Medicaid service providers was supposed to take effect in November, and required covered workers to have obtained their first and second vaccine doses by December 4 and January 4, respectively. Even if the Supreme Court grants the stay just after the New Year, there will be no way for covered entities to comply in accordance with the original schedule.

Comments

[Sidney r finkel]

Okay, the legal process is the legal process.

One thing that seems reasonable to ask for is for all health care workers that have not been vaccinated wear a badge that informs patients that the health care worker treating them has not been vaccinated and refuses to be vaccinated. Seriously if you are being treated don’t you have the right to know if the person treating you is vaccinated.

But I can see why unvaccinated health care workers might not want to advertise the fact that they don’t give a damn about anyone but themselves. And if someone they are treating gets sick and dies, well just too bad for them because the patients have no right to be treated by health care workers who might kill them, do they.

[Don Nico]

“unvaccinated health care workers might not want to advertise the fact that they don’t give a damn about anyone but themselves. ”
You truly like to display your self-righteousness, despite not knowing and apparently not caring about the range of reasons these workers might have. Some are balderdash, some may be quite serious medically.

[Stephen Lathrop]

What do you think, Don Nico, should nurses administering immune suppressants in a medical infusion facility go unvaccinated? How about if they have good medical reasons themselves to not be vaccinated?

[robbbb]

More BS from our SC overlords.

There is no excuse for a delay. If they want to deny the appeal go ahead.

This is our national government asserting its authority to fight a pandemic. To put this on ice and move on to other issues or even take the weekend off is unconscionable.

[Rev. Arthur L. Kirkland]

Try to see the bright side. The virus-flouters, like the bigots, are marking themselves and largely disqualifying themselves from participation in shaping our national course. A modest short-term problem will generate great long-term benefit for America.

[Social Justice is neither]

At this point there is no pandemic worth fighting. The mandate is just the government asserting it’s dominance over the citizenry as a master asserts dominance over his slaves.

[Rev. Arthur L. Kirkland]

” This is a significant setback for the Biden Administration, ”

This seems a substantial (not necessarily or even likely significant) short-term setback for public health, science, the American public, our international standing, and our national progress.

We are likely to overcome (well, those of us who do not die consequent to it) and correct it as our nation continues to improve.

[Spinach Chin]

You are the cringiest fucker on this website.

[QuantumBoxCat]

The speed of the litigation is quit incredible. I think the rule was passed around November 4th, and, in about 45 days, a petition is before the Court.

At this point, we should just get rid of the facade of litigation and the Court can be a Council of Revision with respect to laws and agency rules.