In the last many weeks, the Attorney General’s Office has received numerous phone calls asking about the federal vaccine mandates announced by the Biden administration. Nebraskans want to know whether these federal mandates are enforceable. This is understandable since many are facing the loss of their livelihood and are exploring ways to maintain employment without being required to take one of the vaccines.
It is also understandable that many Nebraska employers and employees are confused as to the status of these mandates. Although the Biden administration announced them two months ago, the rules were slow to be released, and the guidelines are lengthy and complex. The Attorney General is concerned that these federal mandates are unlawful. In response, Attorney General Peterson has filed lawsuits regarding the Biden Administration’s CMS, OSHA, and federal contractor vaccine mandates.
The Attorney General serves as legal adviser for the State of Nebraska, its agencies, and its officials. By law, the Attorney General or members of his staff are prohibited from providing legal advice, opinions, or representation to private citizens. If your inquiry concerns a private legal matter, you should contact a private attorney in order to protect your legal rights. You may wish to visit the following website for guidance on locating legal assistance: https://supremecourt.nebraska.gov/self-help/legal-resources-information.
Below are links to various lawsuits, legal filings, and statements from the Attorney General regarding these matters. They are arranged in reverse chronological order.
November 2021
November 15, 2021:
Reply in Support of Petitioners' Motion for Stay of Emergency Temporary Standard Pending Judicial Review and for Temporary Administrative Stay
November 12, 2021:
Plaintiff States' Memorandum in Support of Motion for Preliminary Injunction
November 10, 2021:
Attorney General Peterson joins a ten-state coalition in challenging the CMS vaccine mandate, the first states to file a lawsuit.
November 8, 2021:
Motion for Expedited Briefing and Consideration of Petitioners' Motion for Stay of Emergency Temporary Standard Pending Judicial Review and for Temporary Administrative Stay
November 5, 2021:
Motion for Stay of Emergency Temporary Standard Pending Judicial Review and for Temporary Administrative Stay
November 5, 2021:
Attorney General Peterson joined an eleven-state coalition led by Missouri, Montana, Arizona, and Nebraska in filing a lawsuit against President Biden to halt a federal OSHA vaccine mandate on private employers with more than 100 employees.
October 2021
October 29, 2021:
Nebraska Attorney General Doug Peterson jointly led with Missouri Attorney General Eric Schmitt a ten-state coalition in filing a lawsuit against the Biden Administration for imposing a vaccine mandate on federal contractors and federally contracted employees.
October 27, 2021:
Attorney General Peterson signs a letter with 20 other state attorneys general to President Biden regarding the federal contractor vaccine mandate.
October 22, 2021:
Attorney General Peterson responds to Nebraskans’ concerns about federal vaccine mandates.
September 2021
September 16, 2021:
Attorney General Doug Peterson joined 23 other attorneys general in sending a letter to President Biden. The letter warns that litigation will follow the implementation of the proposed mandate on private-sector employees to either get a COVID-19 shot, submit to weekly testing, or be fired. The coalition of attorneys general outlined their legal and policy concerns with the mandate, which will be carried out through an Occupational Safety and Health Act emergency temporary standard.
