Empathy List Archives

AK

Amanda Karras

Wed, Dec 15, 2021 10:37 PM

Dear IMLA COVID-19 Working Group:

As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine

On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine).

I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org mailto:akarras@imla.org. Please stay tuned for information on that.

Thank you,

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

Dear IMLA COVID-19 Working Group: As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine). I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org<mailto:akarras@imla.org>. Please stay tuned for information on that. Thank you, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!

AK

Amanda Karras

Thu, Dec 16, 2021 2:21 PM

In one of life's great ironies, shortly after the I wrote the below note, the Fifth Circuit lifted the injunction as to the healthcare worker (staff of Medicare / Medicaid certified providers) vaccine mandate in 36 states. The Fifth Circuit affirmed the injunction of the mandate as it applies to the States that were parties to the suit. Therefore, the health care worker vaccine mandate is still enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio.

In terms of the scope of the injunction, the Fifth Circuit explained that the "question posed Is whether one district court should make a binding judgment for the entire country." In deciding it should not, the Fifth Circuit concluded that "[t]his vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from 'the airing of competing views' in our sister circuits." To read the opinion, click here: https://www.ca5.uscourts.gov/opinions/pub/21/21-30734-CV0.pdf

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Amanda Karras akarras@imla.org
Sent: Wednesday, December 15, 2021 5:38 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] IMLA COVID-19 Working Group

Dear IMLA COVID-19 Working Group:

As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine

On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine).

I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org mailto:akarras@imla.org. Please stay tuned for information on that.

Thank you,

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org mailto:akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

In one of life's great ironies, shortly after the I wrote the below note, the Fifth Circuit lifted the injunction as to the healthcare worker (staff of Medicare / Medicaid certified providers) vaccine mandate in 36 states. The Fifth Circuit affirmed the injunction of the mandate as it applies to the States that were parties to the suit. Therefore, the health care worker vaccine mandate is still enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio. In terms of the scope of the injunction, the Fifth Circuit explained that the "question posed Is whether one district court should make a binding judgment for the entire country." In deciding it should not, the Fifth Circuit concluded that "[t]his vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from 'the airing of competing views' in our sister circuits." To read the opinion, click here: https://www.ca5.uscourts.gov/opinions/pub/21/21-30734-CV0.pdf Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org> Sent: Wednesday, December 15, 2021 5:38 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] IMLA COVID-19 Working Group Dear IMLA COVID-19 Working Group: As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine). I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org<mailto:akarras@imla.org>. Please stay tuned for information on that. Thank you, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!

AK

Amanda Karras

Thu, Dec 16, 2021 5:25 PM

One more update on the vaccine mandate for healthcare workers. The Eighth Circuit also affirmed an injunction issued by the eastern district of Missouri for the mandate, which covered the following states Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Here is a link to the district court's injunction covering those states: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/28%20-%20Order%20Granting%20MPI.pdf. And here is a link to the order denying the request for a stay of the injunction pending appeal, issued by the Eighth Circuit: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/Appeal%20-%20Order%20Denying%20Stay%20%28updated%29.pdf

Thus, between the two court orders, the rule is enjoined in the following states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.

Also, please note that on 12/2, CMS issued a press release indicating it was suspending activities related to the implementation of the vaccine mandate pending appeals in the litigation over the mandate: https://www.cms.gov/files/document/qso-22-04-all.pdf. I have not seen anything from CMS yet as to whether it plans to move forward with the mandate in the 26 states where the mandate is now in effect. If anyone has any information on that, please share with the group or pass it along to me and I will do so.

Thank you,

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Amanda Karras akarras@imla.org
Sent: Thursday, December 16, 2021 9:22 AM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Re: IMLA COVID-19 Working Group

In one of life's great ironies, shortly after the I wrote the below note, the Fifth Circuit lifted the injunction as to the healthcare worker (staff of Medicare / Medicaid certified providers) vaccine mandate in 36 states. The Fifth Circuit affirmed the injunction of the mandate as it applies to the States that were parties to the suit. Therefore, the health care worker vaccine mandate is still enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio.

In terms of the scope of the injunction, the Fifth Circuit explained that the "question posed Is whether one district court should make a binding judgment for the entire country." In deciding it should not, the Fifth Circuit concluded that "[t]his vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from 'the airing of competing views' in our sister circuits." To read the opinion, click here: https://www.ca5.uscourts.gov/opinions/pub/21/21-30734-CV0.pdf

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Amanda Karras akarras@imla.org
Sent: Wednesday, December 15, 2021 5:38 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] IMLA COVID-19 Working Group

Dear IMLA COVID-19 Working Group:

As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine

On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine).

I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org mailto:akarras@imla.org. Please stay tuned for information on that.

Thank you,

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org mailto:akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

One more update on the vaccine mandate for healthcare workers. The Eighth Circuit also affirmed an injunction issued by the eastern district of Missouri for the mandate, which covered the following states Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Here is a link to the district court's injunction covering those states: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/28%20-%20Order%20Granting%20MPI.pdf. And here is a link to the order denying the request for a stay of the injunction pending appeal, issued by the Eighth Circuit: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/Appeal%20-%20Order%20Denying%20Stay%20%28updated%29.pdf Thus, between the two court orders, the rule is enjoined in the following states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. Also, please note that on 12/2, CMS issued a press release indicating it was suspending activities related to the implementation of the vaccine mandate pending appeals in the litigation over the mandate: https://www.cms.gov/files/document/qso-22-04-all.pdf. I have not seen anything from CMS yet as to whether it plans to move forward with the mandate in the 26 states where the mandate is now in effect. If anyone has any information on that, please share with the group or pass it along to me and I will do so. Thank you, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org> Sent: Thursday, December 16, 2021 9:22 AM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Re: IMLA COVID-19 Working Group In one of life's great ironies, shortly after the I wrote the below note, the Fifth Circuit lifted the injunction as to the healthcare worker (staff of Medicare / Medicaid certified providers) vaccine mandate in 36 states. The Fifth Circuit affirmed the injunction of the mandate as it applies to the States that were parties to the suit. Therefore, the health care worker vaccine mandate is still enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio. In terms of the scope of the injunction, the Fifth Circuit explained that the "question posed Is whether one district court should make a binding judgment for the entire country." In deciding it should not, the Fifth Circuit concluded that "[t]his vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from 'the airing of competing views' in our sister circuits." To read the opinion, click here: https://www.ca5.uscourts.gov/opinions/pub/21/21-30734-CV0.pdf Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org> Sent: Wednesday, December 15, 2021 5:38 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] IMLA COVID-19 Working Group Dear IMLA COVID-19 Working Group: As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine). I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org<mailto:akarras@imla.org>. Please stay tuned for information on that. Thank you, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!

AK

Amanda Karras

Thu, Dec 16, 2021 9:06 PM

A member of the group is wondering how others are handing the federal vaccine mandates given these injunctions. They are particularly interested in how those in states with OSHA-sponsored state plans are handling this. They want to know if you are moving forward with any implementation (presumably that you would not otherwise be doing absent these mandates) on the chance that the injunctions are lifted or if you are just waiting to see what happens and not moving forward with any implementation. Please feel free to email me your responses to akarras@imla.org mailto:akarras@imla.org and I will pass them along.

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Amanda Karras akarras@imla.org
Sent: Thursday, December 16, 2021 12:25 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Re: IMLA COVID-19 Working Group

One more update on the vaccine mandate for healthcare workers. The Eighth Circuit also affirmed an injunction issued by the eastern district of Missouri for the mandate, which covered the following states Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Here is a link to the district court's injunction covering those states: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/28%20-%20Order%20Granting%20MPI.pdf. And here is a link to the order denying the request for a stay of the injunction pending appeal, issued by the Eighth Circuit: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/Appeal%20-%20Order%20Denying%20Stay%20%28updated%29.pdf

Thus, between the two court orders, the rule is enjoined in the following states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.

Also, please note that on 12/2, CMS issued a press release indicating it was suspending activities related to the implementation of the vaccine mandate pending appeals in the litigation over the mandate: https://www.cms.gov/files/document/qso-22-04-all.pdf. I have not seen anything from CMS yet as to whether it plans to move forward with the mandate in the 26 states where the mandate is now in effect. If anyone has any information on that, please share with the group or pass it along to me and I will do so.

Thank you,

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Amanda Karras akarras@imla.org
Sent: Thursday, December 16, 2021 9:22 AM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Re: IMLA COVID-19 Working Group

In one of life's great ironies, shortly after the I wrote the below note, the Fifth Circuit lifted the injunction as to the healthcare worker (staff of Medicare / Medicaid certified providers) vaccine mandate in 36 states. The Fifth Circuit affirmed the injunction of the mandate as it applies to the States that were parties to the suit. Therefore, the health care worker vaccine mandate is still enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio.

In terms of the scope of the injunction, the Fifth Circuit explained that the "question posed Is whether one district court should make a binding judgment for the entire country." In deciding it should not, the Fifth Circuit concluded that "[t]his vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from 'the airing of competing views' in our sister circuits." To read the opinion, click here: https://www.ca5.uscourts.gov/opinions/pub/21/21-30734-CV0.pdf

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Amanda Karras akarras@imla.org
Sent: Wednesday, December 15, 2021 5:38 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] IMLA COVID-19 Working Group

Dear IMLA COVID-19 Working Group:

As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine

On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine).

I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org mailto:akarras@imla.org. Please stay tuned for information on that.

Thank you,

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org mailto:akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

A member of the group is wondering how others are handing the federal vaccine mandates given these injunctions. They are particularly interested in how those in states with OSHA-sponsored state plans are handling this. They want to know if you are moving forward with any implementation (presumably that you would not otherwise be doing absent these mandates) on the chance that the injunctions are lifted or if you are just waiting to see what happens and not moving forward with any implementation. Please feel free to email me your responses to akarras@imla.org<mailto:akarras@imla.org> and I will pass them along. Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org> Sent: Thursday, December 16, 2021 12:25 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Re: IMLA COVID-19 Working Group One more update on the vaccine mandate for healthcare workers. The Eighth Circuit also affirmed an injunction issued by the eastern district of Missouri for the mandate, which covered the following states Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Here is a link to the district court's injunction covering those states: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/28%20-%20Order%20Granting%20MPI.pdf. And here is a link to the order denying the request for a stay of the injunction pending appeal, issued by the Eighth Circuit: https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/Appeal%20-%20Order%20Denying%20Stay%20%28updated%29.pdf Thus, between the two court orders, the rule is enjoined in the following states: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. Also, please note that on 12/2, CMS issued a press release indicating it was suspending activities related to the implementation of the vaccine mandate pending appeals in the litigation over the mandate: https://www.cms.gov/files/document/qso-22-04-all.pdf. I have not seen anything from CMS yet as to whether it plans to move forward with the mandate in the 26 states where the mandate is now in effect. If anyone has any information on that, please share with the group or pass it along to me and I will do so. Thank you, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org> Sent: Thursday, December 16, 2021 9:22 AM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Re: IMLA COVID-19 Working Group In one of life's great ironies, shortly after the I wrote the below note, the Fifth Circuit lifted the injunction as to the healthcare worker (staff of Medicare / Medicaid certified providers) vaccine mandate in 36 states. The Fifth Circuit affirmed the injunction of the mandate as it applies to the States that were parties to the suit. Therefore, the health care worker vaccine mandate is still enjoined in Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio. In terms of the scope of the injunction, the Fifth Circuit explained that the "question posed Is whether one district court should make a binding judgment for the entire country." In deciding it should not, the Fifth Circuit concluded that "[t]his vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from 'the airing of competing views' in our sister circuits." To read the opinion, click here: https://www.ca5.uscourts.gov/opinions/pub/21/21-30734-CV0.pdf Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Amanda Karras <akarras@imla.org> Sent: Wednesday, December 15, 2021 5:38 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] IMLA COVID-19 Working Group Dear IMLA COVID-19 Working Group: As a reminder, all 3 of the federal vaccine mandates (healthcare workers, private companies / OSHA sponsored state plan employers, and federal contractors) are currently enjoined, pending further litigation. This is a helpful article summarizing the status of the litigation as well as some state and local vaccinate related legislation / ordinances: https://www.littler.com/publication-press/publication/latest-report-court-state-and-local-activity-concerning-vaccine On Monday, the Supreme Court denied an application for injunctive relief related to New York State's vaccine requirement for healthcare workers, which did not contain an exception for religious objections to the vaccine. Justices Thomas, Alito, and Gorsuch would have granted the injunction and wrote a dissent from the denial, which can be viewed here: https://www.supremecourt.gov/opinions/21pdf/21a145_gfbi.pdf. The majority did not provide any reasoning for why it denied the injunction (which is not unusual in cases involving emergency applications). This is the second such denial the Supreme Court has issued (it also denied an application to enjoin a similar vaccine requirement imposed by the state of Maine). I will plan to schedule a call for this group in the new year so that we can discuss any developments and questions that you have. If you have agenda items you would like added for such a call, please email me at akarras@imla.org<mailto:akarras@imla.org>. Please stay tuned for information on that. Thank you, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org<mailto:akarras@imla.org> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!