Biden v. Missouri; Becerra v. Louisiana
Issue: Should HHS’s rule requiring healthcare workers at facilities that participate in Medicare and Medicaid to receive the COVID-19 vaccine be allowed to take effect, pending a final decision in a lawsuit challenging that rule?
Background: In November 2021, the HHS Secretary issued an interim final rule requiring that healthcare facilities ensure that their staff are vaccinated against COVID-19, barring a medical or religious exemption, as a condition of the facilities’ participation in Medicare and Medicaid. Two groups of states—one led by Missouri and one by Louisiana —subsequently challenged the rule in the Eastern District of Missouri and the Western District of Louisiana, respectively. Both district courts issued preliminary injunctions, preventing HHS from enforcing the rule while the cases were pending. Upon appeal, the 5th and 8th Circuits both denied HHS’s motions to stay the preliminary injunctions. HHS then asked the U.S. Supreme Court to stay both preliminary injunctions, and the cases were consolidated.
The U.S. Supreme Court stayed both preliminary injunctions, allowing HHS to implement and enforce its rule. The Court found that the federal law authorizes the HHS Secretary to impose conditions on healthcare facilities’ Medicaid and Medicare participation that “the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services.” The Court observed that COVID-19 is a highly contagious, dangerous, and deadly disease, and the Secretary determined the vaccine will reduce transmission.
Current Status: Final decision issued
Supreme Court Amicus Brief, Dec. 23, 2021
Amici: American Public Health Association, Association of American Medical Colleges, 22 Deans of Leading Academic Programs, and 126 Leading Public Health and Health Policy Scholars
Argument Summary: COVID-19 poses a uniquely grave risk to Medicare and Medicaid recipients and healthcare workers. Vaccines are by far the most effective tools for reducing COVID-19 infection and transmission among patients and workers in the healthcare setting. Ample evidence supports the Secretary’s determination that staff vaccination will provide critical protection for patients and healthcare workers.
Outside Counsel: Gupta Wessler PLLC
Citations: Our brief was cited in the Court’s majority opinion:
"All this is perhaps why healthcare workers and public health organizations overwhelmingly support the Secretary's rule. See id., at 61565–61566; see also Brief for American Medical Assn. et al. as Amici Curiae; Brief for American Public Health Assn. et al. as Amici Curiae; Brief for Former Secretaries of Health and Human Services et al. as Amici Curiae. Indeed, their support suggests that a vaccination requirement under these circumstances is a straightforward and predictable example of the ‘health and safety’ regulations that Congress has authorized the Secretary to impose." Slip opin. at 7.
Biden v. Missouri and Becerra v. Louisiana, Nos. 21A240 and 21A241, 595 U.S. ___ (Jan. 13, 2022) (per curiam), https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf