HHS's vaccination mandate: Nationwide injunction is reduced to 14 states

The Secretary of Health and Human Services issued an interim rule that requires facilities that provide health care to Medicare and Medicaid beneficiaries to ensure that their staff, unless exempt for medical or religious reasons, are fully vaccinated against COVID-19. Fourteen states sued to enjoin enforcement of the rule, and the trial court issued a NATIONWIDE temporary injunction. The federal defendants moved the 5th Circuit to stay the nationwide preliminary injunction.

The 5th Circuit made two rulings in Louisiana v. Becerra (5th Cir 12/15/2021) [PDF]:

(1) The HHS Secretary has not made a strong showing of likely success on the merits because the rule was a "novel assertions of authority," especially in light of BST Holdings v. OSHA, 17 F.4th 604 (5th Cir. 2021), which stated that "The Mandate's … promulgation grossly exceeds OSHA's statutory authority." Therefore, the court denied a stay as it applies to the 14 plaintiff states.

(2) The court granted a stay as to the order’s application to any jurisdictions other than the 14 plaintiff states. "The district court here gave little justification for issuing an injunction outside the 14 States that brought this suit. It stated that 'due to the nationwide scope of the CMS Mandate, a nationwide injunction is necessary due to the need for uniformity' and noted that 'there are unvaccinated workers in other states who also need protection.' Lacking is either the constitutional uniformity principle in [Texas v. United States, 809 F.3d 134, 188 (5th Cir. 2015)] or that case’s concern that patchwork rulings would undermine an injunction limited to certain jurisdictions."