Calling the Shots: Multistate Challenges to Federal Vaccine Mandates

Southern California Law Review Postscript (forthcoming 2023)

BYU Law Research Paper No. 22-17

22 Pages Posted: 23 May 2022 Last revised: 29 Jun 2023

See all articles by Elysa Dishman

Elysa Dishman

Brigham Young University - J. Reuben Clark Law School

Date Written: May 19, 2022

Abstract

Litigation brought by state attorneys general (AGs) successfully frustrated the Biden administration’s efforts to combat COVID-19 by vaccinating American workers. State challenges to vaccine mandates are consistent with trends in multistate litigation that have occurred in recent presidential administrations. At the same time, these cases reveal emerging new trends that shed light on the future of multistate public law litigation and nationwide injunctions. Challenges to vaccine mandates have raised ongoing criticisms of nationwide injunctions and offer a pathway forward for reform.

Keywords: vaccine mandate, multistate litigation, Biden administration, COVID-19, nationwide injunction, state attorney general, Occupational Safety and Health Administration, OSHA, Health and Human Services, HHS

Suggested Citation

Dishman, Elysa, Calling the Shots: Multistate Challenges to Federal Vaccine Mandates (May 19, 2022). Southern California Law Review Postscript (forthcoming 2023), BYU Law Research Paper No. 22-17, Available at SSRN: https://ssrn.com/abstract=4104758 or http://dx.doi.org/10.2139/ssrn.4104758

Elysa Dishman (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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