In the last few months, federal vaccine mandates and regulations have been enacted, then enjoined, then reaffirmed as constitutional, and the battle continues. These actions and decisions have resulted in a world of confusion and frustration with the Biden administration and their approach to employers’ control over employee’s vaccination and testing.

President Biden has imposed vaccine requirements/mandates on healthcare workers, federal employees, federal contractors, as well as on private employers that employ more than 100 employees. All four of these mandates are being challenged in courts around the country. In the coming months the issues will inevitably make their way to the United States Supreme Court to face review.

On November 30th, a federal judge temporarily blocked the president’s mandate requiring COVID-19 vaccines for workers at Medicare – or – Medicaid-funded healthcare facilities. Subsequently, on review, a federal court of appeals instead blocked the requirement in only some of the states covered by the lower courts order, this worked to create a fragmented rule and scope of enforcement across the country. Different rulings emanated from the 8th, 11th, and 5th circuit courts of appeals regarding this mandate. Then, on December 16th, the President Biden administration asked the Supreme Court to review and block the orders maintaining the patchwork of rules.

On December 7th, another federal judge sitting for the District Court for the Southern District of Georgia blocked another one of President Biden’s COVID-19 vaccine mandates, this one applicable to federal contractors nationwide. The Court’s order Blocking the mandate brought into question whether such action was within the President’s executive powers and ordered the Biden administration to cease enforcement “in all covered contracts in any state or territory of the United States.”

On December 17th, the U.S Circuit Court of Appeals for the 6th circuit did away with the 5th Circuit Court of Appeals previous pause on another one of the mandates – the private employer mandate. The U.S. Circuit Court of Appeals for the 5th circuit had previously blocked the president’s vaccine mandate aimed at private employers, the court saying, in summary, that the mandate implicates “separation of powers” concerns, among other “serious constitutional concerns.” The 6th circuit’s ruling effectively overruled the 5th circuit and worked to unlock the door for enforcement of the mandate in the coming year. The three judges writing for the 6th circuit all wrote separate opinions, the majority agreeing that the Occupational Safety and Health Administration (“OSHA”) did not exceed its authority.

The aforementioned only summarizes the orders and decisions handed down by federal courts in the past few months regarding these mandates. The current state of affairs is only causing confusion and headache for employees and employers nationwide. Further, states have begun to get involved further complicating the legal battles and muddying the waters.

A Wall Street Journal poll released early December 2021 found Americans to be sharply divided over a vaccine requirement on private sector employers, 50% in support compared to 47% opposed. A similar divide was seen regarding state and local vaccine mandates for public safety workers like first responders, with 55% in favor and 44% opposed. With court challenges growing, voters divided, new legislative sessions beginning, and the latest COVID-19 variant sweeping across the country, the nation faces one of the most uncertain legal periods of the pandemic.