The COVID Project
The record
- Jurisdiction
- United States Court of Appeals for the First Circuit (Maine) · Maine
- Level
- Court
- Authority
- 28 U.S.C. § 1292(a)(1)
- Issued
- 2021-10-19 Oct. 19, 2021
- Effective
- 2021-10-19
- End
- n/a
- In force
- Oct. 19, 2021 (no end date recorded; counted as in force for 120 days)
- Limitation types
- Health care ordersVaccination or testing
- Addressees
- health-care workers
- hospitals
- State officials
- Functions reached
- Collection
- Maine ME
Operative words
Faced with COVID-19's virulent delta variant and vaccination rates among healthcare workers too low to prevent community transmission, Maine's Center for Disease Control ('Maine CDC') promulgated a regulation effective August 12, 2021, requiring all workers in licensed healthcare facilities to be vaccinated against the virus. Under state law, a healthcare worker may claim an exemption from the requirement only if a medical practitioner certifies that vaccination 'may be medically inadvisable.' Me. Rev. Stat. tit. 22, § 802(4-B) (West 2021).
Enforcement
Judicial confirmation of the rule's operation
Notes
Post-period decision confirming that the rule was in force from August 12, 2021 (within Q3 2021); the Supreme Court denied injunctive relief Oct. 29, 2021 (secondary).
Retrieval noteJudicial opinion issued after the quarter; evidence describing 10-144 C.M.R. ch. 264 (ME-061), not an instrument in force.