Staff Contact: Jane Drummond
The U.S. Court of Appeals for the Eighth Circuit denied the Centers for Medicare & Medicaid Services’ motion to stay the district court’s injunction blocking the agency’s COVID-19 vaccination rule. CMS had asked the appellate court to dissolve the injunction and allow the rule to take effect while the higher court considered whether the entry of a preliminary injunction was proper. The court’s denial of the motion means the injunction will stay in effect until the Eighth Circuit Court rules on the appeal. The court may uphold the preliminary injunction or reverse it. Presently, the briefing schedule points to a March or April decision by the court of appeals; however, lawyers for CMS likely will seek an accelerated docket.
Once the Eighth Circuit Court issues its ruling, the case will be remanded to the Missouri district court for a final decision on the plaintiffs’ request for a permanent injunction.