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The first order, issued by the US Court of Appeals for the Fifth Circuit, has the effect of allowing the federal government to proceed with its efforts to implement the COVID-19 vaccine mandate issued by CMS in more than two dozen states. Yesterday, two federal courts issued orders that, together, significantly impact the Biden administration’s authority to implement and enforce the COVID-19 vaccine mandate issued by the Centers for Medicare and Medicaid Services (CMS). Additional appeals are expected shortly however, the practical effect of these decisions on enforcement of CMS’ mandate remains uncertain.
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