Federal COVID-19 Vaccination Mandates and Related Litigation: An Overview [Updated December 1, 2021]   [open pdf - 797KB]

From the Document: "During 2021, various federal, state [hyperlink], and private [hyperlink] entities instituted Coronavirus Disease 2019 (COVID-19) vaccination requirements to address the pandemic, particularly as the Delta variant [hyperlink]--a highly contagious strain of SARS-CoV-2 [severe acute respiratory syndrome coronavirus 2] (the virus that causes COVID-19)--spreads 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 [hyperlink]; (2) federal contractors for executive departments, agencies, and offices [hyperlink]; (3) most Medicare- and Medicaid-certified providers and suppliers [hyperlink]; and (4) employers with 100 or more employees [hyperlink]. 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. [...] The federal vaccination mandates, like those imposed by states and state entities like public universities, have generated numerous legal challenges. [...] This Sidebar provides an overview of each set of federal COVID-19 vaccination requirements and the statutory authorities cited for their basis. It then highlights some of the key legal issues raised by the pending legal challenges against each mandate, and provides some potential considerations for Congress based on a preliminary order [hyperlink] issued by the U.S. Court of Appeals for the Fifth Circuit in the early stages of one of the pending proceedings."

Report Number:
CRS Legal Sidebar, LSB10662
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Media Type:
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