October Term 2021
No. 21A240

Biden v. Missouri

Petitioner Joseph R. Biden · Respondent Missouri, et al.

From
United States Court of Appeals for the Eighth Circuit
How it got here
other

Does the Department of Health and Human Services have the authority to enforce a rule requiring health care workers at facilities that participate in the Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they qualify for a medical or religious exemption?

Question before the Court
Pending
with the majority concurring in dissent recused filed an opinion

The holding

The Department of Health and Human Services has the authority to enforce its rule requiring health care workers at facilities that participate in the Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they qualify for a medical or religious exemption. In a per curiam (unsigned) opinion, the Court granted the applications to stay the two injunctions barring the Secretary of Health and Human Services from enforcing the regulation. The Court reasoned that a core function of HHS is to ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients’ health and safety, and the interim rule at issue here seeks to do precisely that. Justice Clarence Thomas authored a dissenting opinion, in which Justices Samuel Alito, Neil Gorsuch, and Amy Coney Barrett joined. The dissenters found no statutory support for such an exercise of authority.

Argued by

For the respondent
  • Jesus A. Osete On behalf of the Respondents in No. 21A240
  • Elizabeth Murrill On behalf of the Respondents in No. 21A241
Also argued
  • Brian H. Fletcher On behalf of the Applicants

Case path

  1. Jan 7, 2022 argued
  2. Jan 13, 2022 decided