Public Health Authority Case Updates for January, February, and March, 2023

January, 2023

Friday, 1/13: A New York judge struck the state’s COVID-19 vaccine mandate for healthcare workers.

Tuesday, 1/17: The Eleventh Circuit heard arguments in the government’s appeal of a Florida judge’s ruling striking the CDC’s transportation mask mandate.

Tuesday, 1/17: The Supreme Court will not hear a challenge to Chicago's COVID-19 vaccine mandate for city employees.

Wednesday, 1/18: Arkansas Governor Sarah Huckabee Sanders announced her official support for a state ban on mask mandates by public entities. 

Wednesday, 1/25: A federal judge in California blocked AB 2098, a California law designating dissemination of COVID-19 disinformation by doctors unprofessional conduct subject to discipline, calling the law "unconstitutionally vague."

Thursday, 1/26: The Arkansas Supreme Court vacated a ruling that declared a ban on mask mandates unconstitutional.

Friday, 1/27: The Texas Supreme Court agreed to consider challenges to Governor Abbott’s ban on mask mandates.

Monday, 1/30: New York parents sued the Riverhead Central School District in Long Island, New York, claiming the district’s mask requirements caused their children “emotional distress.”

Tuesday, 1/31: Unvaccinated Navy personnel claim they are still facing discrimination even after the military COVID-19 vaccine mandate was lifted. The Fifth Circuit will hear oral arguments Monday, 2/6.

February, 2023

Monday, 2/6: The Fifth Circuit heard arguments in a Navy vaccine mandate case. Although the military's COVID-19 vaccine mandate has been withdrawn, the unvaccinated service members argue they still face potential discipline.

Tuesday, 2/7: A California judge dismissed a lawsuit by Los Angeles County employees over the county’s vaccine mandate for employees.

Wednesday, 2/8: The Minnesota Supreme Court partially reversed an appeals court’s dismissal of a lawsuit over state COVID-19 measures, holding that the question of Governor Walz’s use of the Emergency Management Act is not moot. 

Friday, 2/10: A federal judge in Montana ruled that the state's law barring discrimination based on vaccine status is unconstitutional as applied to healthcare settings.

Monday, 2/13: Thousands of New York City teachers denied COVID-19 vaccine exemptions filed a lawsuit against the city in state court.

Wednesday, Feb. 22: The California Supreme Court declined to review an appeals court's decision barring school districts from issuing vaccine mandates.

Wednesday, Feb. 22: The Texas Supreme Court heard oral arguments on Gov. Greg Abbott's executive order barring cities and counties from issuing mask mandates.

Tuesday, 2/27: A New York State Appeals Court issued a stay keeping New York's COVID-19 vaccine mandate for health workers in place while litigation proceeds. The stay temporarily halts enforcement of a January ruling from state Supreme Court Judge Gerard Neri, which struck down the mandate. The Appeals Court set a deadline of March 20 for finalizing the appeal filing.

March, 2023

Friday, 3/17: The Michigan Supreme Court said it will hear a gym's claim that the state's pandemic orders leading to the gym's temporary closing constituted a government taking.

Tuesday, 3/21: A Third Circuit panel heard arguments in a challenge to New Jersey's vaccine mandate for healthcare workers.

Tuesday, 3/21: The DC Circuit affirmed a district court's dismissal of a Navy employee's challenge to the federal employee vaccine mandate, ruling that he challenge it through the Civil Service Reform Act process.

Tuesday, 3/21: A group of servicemembers challenging the Air Force's rejection of religious exemptions to the vaccine mandate filed a motion stating their claims were not moot even though the mandate has since been rescinded, arguing they could still face repercussions.

Thursday, 3/24: The Fifth Circuit affirmed a lower court's decision blocking the federal employee vaccine mandate, finding the case was not barred by the Civil Service Reform Act and thus the district court did have jurisdiction to hear the case.

Tuesday, 3/28: The Oklahoma Supreme Court ruled in favor of parents challenging a school district’s policy requiring unvaccinated students to quarantine if exposed to the virus, holding the policy violated a state statute prohibiting schools from requiring students receive the COVID-19 vaccine in order to attend school.

Thursday, 3/30: The Massachusetts Supreme Court unanimously ruled that the city of Boston had the authority to mandate COVID-19 vaccines for city workers without first bargaining with union groups.