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Health Worker Vaccine Mandate Ordered to Resume in Half of U.S.

Dec. 15, 2021, 5:24 PM

The Fifth Circuit on Wednesday ordered that the Biden administration’s vaccine mandate for health-care workers resume in about half the country while an appeal moves forward.

The U.S. Court of Appeals for the Fifth Circuit denied the administration’s request for a stay on a preliminary injunction as it applies to the 14 states that brought the lawsuit challenging the mandate. But the appeals court granted a stay on the injunction in the rest of the states that it applied to.

A federal court in Louisiana had halted the health agency from enforcing the vaccine mandate Nov. 30 nationwide, except for in 10 states where a court in Missouri already blocked the rule.

The case posed the question of whether one district court should be able to make a binding judgment for the entire U.S. The Fifth Circuit said the lower court “gave little justification for issuing an injunction outside the 14 States that brought this suit.”

The plaintiff states that don’t have to comply with the mandate while the injunction stands are Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio.

The 10 states from the Missouri case that also don’t have to comply with the rule are Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire.

The case is Louisiana v. Becerra, 5th Cir., No. 21-30734, 12/15/21.

To contact the reporters on this story: Allie Reed in Washington at areed@bloombergindustry.com; Alexis Kramer in Washington at akramer@bloomberglaw.com

To contact the editor responsible for this story: Brent Bierman at bbierman@bloomberglaw.com

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