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1 1 (May 17, 2022)

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Status of Federal COVID-19 Vaccination
Mandate Litigation
Updated May 17, 2022
In 2021, various federal, state, and private entities instituted Coronavirus Disease 2019 (COVID-19)
vaccination requirements to address the pandemic, particularly as the Delta variant-a highly contagious
strain of SARS-CoV-2 (the virus that causes COVID-19)-spread in the United States. The federal
COVID-19 vaccination requirements issued to date by the President or executive agencies include those
directed at (1) federal executive agency civilian employees (federal employee mandate); (2) federal
contractors for executive departments, agencies, and offices (federal contractor mandate); (3) most
Medicare- and Medicaid-certified providers and suppliers (Centers for Medicare and Medicaid Services'
[CMS's] Medicare/Medicaid provider mandate); (4) employers with 100 or more employees
(Occupational Safety and Health Administration's [OSHA's] large employer vaccination and testing
mandate); and (5) staff of the Head Start program, which provides comprehensive early childhood
education and development services to low-income children (Head Start mandate). These employment- or
workforce-based mandates-subject to accommodations required by federal law-either directly require
certain employees to receive COVID-19 vaccinations or direct certain employers to impose a vaccination
or vaccination-and-testing requirement on their employees or staff.
These federal vaccination mandates have generated numerous legal challenges that have moved quickly
through the courts. To date, some of these mandates have been enjoined by courts either on a nationwide
basis or only in certain states. Table 1 below provides a summary of the mandates and their statuses. (For
more detailed analysis of these mandates and related litigation, see CRS Report R46745, State and
Federal Authority to Mandate COVID-19 Vaccination, by Wen W. Shen.)
Congressional Research Service
https://crsreports.congress.gov
LSB10681
CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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