January 11, 2022

By Alan Chvotkin

Supreme Court’s Vaccine Mandate Decision Could Have Implications

On January 7, 2022, the U.S. Supreme Court held an unusual oral argument on two petitions for emergency stays of COVID 19 vaccine mandates issued by the Occupational Safety and Health Administration (OSHA), applicable to private sector employers with 100 or more employees, and by the Centers for Medicare and Medicaid Services (CMS), applicable to certain nursing and skilled care facilities. Although not the primary subject of these cases, the line of questioning and the Court’s ruling could have implications for President Biden’s September 2021 Executive Order and the federal procurement rules that mandate vaccinations for certain federal contractors.

Also on January 7, I was interviewed by Federal Computer Week (FCW)/Government Executive about the relationship between the two cases at issue before the Supreme Court and the federal contractor rule. As mentioned in the article:

Alan Chvotkin, a partner at the law firm of Nichols Liu and a longtime specialist in government contracting law, told FCW that if the High Court agrees to block the implementation of OSHA and CMS requirements, “that would be a pretty good signal that that’s how they would evaluate the [the Federal Property and Administrative Services Act] scope of authority for contractors.”

Either way, he stressed, what contracting companies ultimately want is clarity.

Just tell us what the rules are. Make a decision,” Chvotkin said. “The ambiguity and the uncertainty is worse.

The full text of the article is available at Supreme Court hearing turns to the contractor mandate – FCW.

A Supreme Court’s vaccine mandate decision is expected very soon on the two pending emergency requests that generated this rare court oral argument.

We will continue to closely monitor developments and provide our clients with the most up-to-date information available about these and related cases and federal actions. If you have any questions or need any additional information, please do not hesitate to contact the undersigned.

Alan Chvotkin
Nichols Liu LLP
700 Sixth St. NW, Ste. 430
Washington, DC 20001
O 202-846-9806 | M 202-255-3786
achvotkin[at]nicholsliu.com  | www.nicholsliu.com