AG Knudsen Taking Action to Stop the Biden COVID-19 Vaccine Mandates

In the previous weeks and months, the Attorney General’s Office has received hundreds of calls and emails from Montanans with questions and concerns about the Biden administration’s illegal COVID-19 vaccine mandates.

These mandates are unlawful. In response, Attorney General Knudsen has filed a series of three lawsuits against the CMS, OSHA, and federal contractor vaccine mandates. These lawsuits seek to protect the rights of Montanans and strike down the Biden administration’s illegal edicts.

CMS Vaccine Mandate

  • 11/5/21 – Centers for Medicare & Medicaid Services publishes mandate 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
  • 11/15/21 – Montana and 11 other states file lawsuit against the CMS mandate
  • 11/15/21 – Montana and other states ask the federal court to immediately block the CMS mandate while their case is reviewed
  • 11/17/21 – Court acknowledges briefing schedule “would surpass the [mandate’s] December 6 deadline,” issues order moving schedule ahead
  • 11/29/21 – Montana and other states file a reply brief with the court
  • 11/30/21 – Federal judge grants Montana’s request for preliminary injunction against the CMS vaccine mandate
  • 12/2/21 – Biden administration announces suspension of the enforcement of CMS mandate while the injunction is in place.
  • 12/15/21 – 5th circuit narrows preliminary injunction to only include states that were included on lawsuit (Montana was included)
  • 12/16/21 – Federal Government appeals injunction to the Supreme Court. Justice Alito ordered Montana and other states to respond by Dec. 30
  • 1/7/22 – Supreme Court hears oral Arguments in federal Government’s appeal. Montana and other states defended the injunction during oral arguments
  • 1/13/22 – Supreme Court allows CMS mandate to proceed

 

OSHA Vaccine Mandate

  • 9/9/21 – President Biden instructs OSHA to develop an emergency Temporary Standard (ETS) requiring business with 100 or more employees to be fully vaccinated or submit to weekly testing
  • 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 – Montana and other states file lawsuit against OSHA mandate with the Eighth Circuit Court of Appeals
  • 11/5/21 – Montana 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 – Montana 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 – Montana’s lawsuit – along with all other challenges nationwide –consolidated into the Sixth Circuit Court of Appeals
  • 11/17/21 – OSHA announces it has “suspended activities” related to the vaccine mandate
  • 11/23/21 – Montana and other states ask for the full Sixth Circuit Court of Appeals to hear the case in the first instance
  • 12/3/21 – 6th Circuit Court of Appeals upholds preliminary injunction and denies Biden administration’s request for a change of venue.
  • 12/15/21 – 6th Circuit Panel votes 2-1 to vacate preliminary injunction and allow OSHA mandate to proceed
  • 12/18/21- Montana and other states file an emergency application for administrative stay (appeal) to the Supreme Court
  • 12/20/21- Justice Kavanaugh orders Federal Government to respond by Dec. 30
  • 1/7/22 – Supreme Court hears oral arguments in Montana and other states appeal
  • 1/13/22 – Supreme Court reinstates injunction blocking OSHA mandate from being enforced

 

Federal Contractor Vaccine Mandate

  • 9/9/21 – President Biden issues Executive Order 14042 requiring vaccine mandates for federal contractors
  • 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 – Montana and other states file lawsuit against the federal contractor mandate
  • 11/4/21 – Montana and other states ask the federal court to immediately stop the federal contractor mandate while their case is reviewed
  • 11/9/21 – Montana and other states ask the federal court to expedite its review of the case
  • 11/10/21 – Federal government issues revised guidance that extends the deadline for federal contractors to implement the mandate from December 8, 2021 to January 18, 2022
  • 12/7/2021 – Federal Judge grants Preliminary Injunction against Federal Contractor Vaccine Mandate
  • 12/20/21- Federal Judge grants Montana’s request for a preliminary injunction, ensuring that Montanans are protected should the other PI be vacated
  • 12/20/21- The White House Office of Management and Budget publishes new guidance stating the federal government will take no action to enforce the federal contractor vaccine mandate with in Montana and the other 49 states

 

Head Start Vaccine Mandate

  • 12/21/21 – Montana and other states file a lawsuit against President Biden’s head start facility mask and vaccine mandate
  • 12/21/21 – Montana and other states file a motion for a preliminary injunction while the case is reviewed
  • 1/3/22 – Federal Judge grants Preliminary Injunction against Head Start Vaccine Mandate
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