Constituent policy

Revamped vaccine policy challenge still has no legs, experts say

Additionally, the revised states challenge challenges that newly required CMS state investigators overseeing Medicare and Medicaid participating facilities must be vaccinated against COVID-19 on Jan. 25. guidance document.

“Seemingly emboldened by the Supreme Court’s preliminary ruling, the federal government has extended its only remaining mandate to state employees,” reads the complaint.

CMS essentially adding a new class of people to its mandate after the fact might be of interest to judges, said James Hodge, a law professor and director of the Center for Public Health Law and Policy at Arizona State University.

“Now this looks new, and this looks unique. This looks like the type of new request that even the Supreme Court would say, yeah, wait a minute, we don’t allow that sort of thing,” Hodge said.

But Hodge thinks that CMS decision will eventually become irrelevant because the mandate covers other state employees, like those who work in public hospitals.

Also, although the states raise a new angle, the Supreme Court’s preliminary ruling on the warrant raises the bar for arguments against it, said Susan Feigin Harris, partner at Norton Rose Fulbright.

“I honestly think, legally, that’s not going to pass. But…we know there’s a political component to these kinds of challenges,” she said.

Federal officials wrote in their response brief that the Supreme Court had already dealt with the case. The high court was well aware of the omicron when it decided to allow the warrant to continue, the officials wrote. Additionally, the January 25 guidelines only set expectations and have no enforcement mechanism to ensure investigators are vaccinated.