In the last months, 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 first announced them on September 9, 2021, 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 this link for guidance on locating legal assistance.
CMS Vaccine Mandate
- 11/5/21 – CMS mandate published in the Federal Register
- 12/6/21 – According to published regulation, this date is the deadline for healthcare workers to get their first shot
- 1/4/22 – According to published regulation, this date is the deadline for healthcare workers to be fully compliant with the mandate
- 11/10/21 – Nebraska and other states file lawsuit against the CMS mandate
- 11/12/21 – Nebraska and other states ask the federal court to immediately stop the CMS mandate while their case is reviewed
- 11/12/21 – Nebraska and other states ask the federal court to expedite its review of the case
- 11/17/21 – The court issued an order expediting the case that requires the federal government to respond by 11/22/21
- 11/19/21 – Attorney General provides update on lawsuit against vaccine mandate for healthcare workers
- 11/22/21 – The federal government filed its response to the lawsuit
- 11/23/21 – Nebraska and other states reply to the federal government's argument
- 11/29/21 – The court entered an order forbidding the federal government from enforcing the CMS mandate against any "Medicare and Medicaid-Certified providers and suppliers within the states of Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming"
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12/2/21 – CMS has temporarily suspended its vaccine mandate in response to court ordered injunctions
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12/13/21 – The U.S. Court of Appeals for the Eighth Circuit denied the federal government's request to allow the CMS mandate to take effect while the case is appealed
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12/22/21 – Oral arguments for the CMS lawsuit will be heard by the US Supreme Court on Friday, January 7th, 2022
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1/13/22 – US Supreme Court issues ruling in CMS
- 2/23/22 – Nebraska and other states file an amended complaint that reviews their request for the trial court to put a stop to the CMS mandate
OSHA Vaccine Mandate
- 11/5/21 – OSHA mandate published in the Federal Register
- 1/4/22 – According to published regulation, this date is the deadline for covered employers to implement the OSHA mandate
- 11/5/21 – Nebraska and other states file lawsuit against OSHA mandate with the Eighth Circuit Court of Appeals
- 11/5/21 – Nebraska and other states ask the Eighth Circuit Court of Appeals to immediately stop the OSHA mandate while their case is reviewed
- 11/6/21 – Fifth Circuit Court of Appeals enters an order temporarily stopping the OSHA mandate
- 11/12/21 – Fifth Circuit Court of Appeals enters a written opinion extending its order stopping the OSHA mandate
- 11/15/21 – Nebraska and other states file a reply brief with the Eighth Circuit Court of Appeals in support of their request to immediately stop the OSHA mandate
- 11/16/21 – The United States Judicial Panel on Multidistrict Litigation consolidated all the legal challenges to the OSHA mandate and transferred them to the Sixth Circuit Court of Appeals
- 11/22/21 – 27 states (including Nebraska) file a request for all active judges on the Sixth Circuit Court of Appeals to decide the case
- 11/23/21 – The federal government files a request to allow the OSHA mandate to take effect while the case proceeds
- 12/17/21 – The Sixth Circuit Court of Appeals allows The OSHA mandate to take effect while the case proceeds
- 12/18/21 – A coalition of 27 states (including Nebraska) files a request for the U.S. Supreme Court to reinstate an order temporarily stopping The OSHA mandate
- 12/20/21 – The U.S. Supreme Court ordered that the federal government respond by 12/30/21 to the states' request for the Court to reinstate an order temporarily stopping the OSHA mandate
- 12/22/21 – Oral arguments for the OSHA lawsuit will be heard by the US Supreme Court on Friday, January 7th, 2022
- 12/22/21 – US Supreme Court issues ruling in OSHA
Federal Contractor Vaccine Mandate
- 9/24/21 – The Safer Federal Workforce Task Force released its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors
- 12/8/21 – According to published guidance, this date is the original deadline for federal contractors to implement the mandate
- 10/29/21 – Nebraska and other states file lawsuit against the federal contractor mandate
- 11/4/21 – Nebraska and other states ask the federal court to immediately stop the federal contractor mandate while their case is reviewed
- 11/9/21 – Nebraska and other states ask the federal court to expedite its review of the case
- 11/10/21 – Federal government issued revised guidance that changed the deadline for federal contractors to implement the mandate from December 8, 2021, to January 18, 2022
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11/18/21 – Federal government filed its response to Nebraska and other states’ request to immediately stop the federal contractor mandate
- 11/22/21 – Nebraska and other states reply to the federal government's arguments
- 12/7/21 – A federal district court in Georgia entered an order forbidding the federal government from enforcing the federal contractor mandate against any federal contractor or subcontractor in "any state or territory of the United States of America"
- 12/10/21 – Nebraska and other states ask a federal court in Missouri to enter an order permanently forbidding the federal government from enforcing the federal contractor mandate.
- 12/20-21 – The United States District Court for the Eastern District of Missouri issued a preliminary injunction stopping enforcement of vaccine mandate on federal contractors in ten states.
Head Start Vaccine Mandate
- 12/21/21 – Nebraska and other states file lawsuit against Head Start Mandate
- 1/1/22 – The United States District Court for the Western District of Louisiana issues a preliminary injunction stopping enforcement of vaccine and mask mandate on the Head Start programs in 24 states
Federal Employee Vaccine Mandate
- 1/21/22- The US District Court for the Southern District of Texas issued a nationwide injunction preventing the federal government from forcing federal employees to receive a COVID-19 vaccine.
