Two justices flip to the other side.
The Supreme Court voted 5-4 today to stay two injunctions that were keeping a vaccine mandate issued by the Centers for Medicare & Medicaid Services from taking effect in 25 states. The CMS mandate applies to most employees and some non-employees of many facilities that receive Medicare or Medicaid funds.
Chief Justice John Roberts and Justice Brett Kavanaugh — both of whom voted to block the Emergency Temporary Standard issued by the Occupational Safety and Health Administration — changed sides, joining Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor, creating a majority in favor of staying the injunctions against the CMS mandate.
Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch, and Clarence Thomas dissented.
The Court’s decision means that the CMS mandate will take effect in all 50 states. Dave Kurtz and Sabrina Punia-Ly, who have been covering the CMS mandate from the beginning, will have more information soon.