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Department of Law / Vaccine Mandate Litigation

Vaccine Mandate Litigation

The State of Alaska is working on behalf of its citizens to stand up for personal and medical freedoms and oppose the unlawful top down Covid-19 vaccine mandates.

Attorney General Treg Taylor joins Governor Mike Dunleavy in wanting to protect both an individual’s right to make their own medical decisions and the state’s right to oversee public health actions in the state. The Department of Law is working on multiple legal fronts to protect the rights of Alaskans and oppose these mandates.

Alaskans have many questions and concerns about these federal mandates which may jeopardize their employment and income. These Biden Administration regulations are confusing, complex and sometimes contradictory with existing law and federal regulations.

The state of Alaska has filed several legal challenges to these illegal mandates. Here is more information about the mandates and their status in court.

CMS Vaccine Mandate

Alaska and a coalition of nine other states filed suit on Nov. 11, 2021, to block a Centers for Medicare and Medicaid Services (CMS) regulation requiring certain healthcare providers to force their employees to take the COVID-19 vaccine. This mandate would apply to more than 10 million healthcare workers nationwide. Healthcare providers risk losing federal Medicaid and Medicare funding for noncompliance.

CURRENT STATUS: The U.S. Supreme Court ruled 5-4 on Jan. 13, 2022, to allow CMS to enforce the mandate.

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OSHA Vaccine Mandate

Alaska and 10 other states sued the federal government on Nov. 5, 2021, to stop the Occupational Health and Safety Administration from implementing an Emergency Temporary Standard requiring COVID-19 vaccines for workers in private businesses with more than 100 employees. This requirement would apply in Alaska and similar states that have state OSHA plans.

CURRENT STATUS: The U.S. Supreme Court blocked OSHA from enforcing the mandate while legal challenges are pending.

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Federal Contractor Vaccine Mandate

On Oct. 29, 2021, Alaska and nine other states challenged the federal government’s vaccine mandate for federal contractors. Under the mandate, a private business of any size would be required to force its employees to be vaccinated for COVID-19 before the business could be awarded a new government contract or have an existing contract renewed. Federal agencies have also been seeking modifications to existing contracts and essentially forcing contractors, like the University of Alaska, to take them or lose the contract.

CURRENT STATUS: A federal judge in Georgia has blocked the mandate temporarily from taking effect nationwide.

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Head Start Vaccine Mandate

Alaska and 23 other states filed a lawsuit in U.S. District Court in Louisiana to block implementation of a COVID-19 vaccine and masking mandate at Head Start and Early Head Start centers across the country. This federal mandate would require Head Start employees, volunteers and any contractors who directly work with children to be vaccinated for COVID-19. It would also require masks for all, including children as young as 2.

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Military Vaccine Mandate

TIMELINE

  • 01/25/22 Governor Dunleavy joins a lawsuit filed by Texas Governor Greg Abbott challenging the federal government’s COVID-19 vaccination mandate with respect to the National Guard.
  • 06/24/22 Federal district court denies Governor Abbott’s and Governor Dunleavy’s motions for preliminary injunction.
  • 06/28/22 Governor Abbott appeals the federal district court’s denial of the motion for preliminary injunction.
  • 01/10/23 Secretary of Defense Lloyd Austin issues a memorandum rescinding the mandate. - PDF (446KB)
Alaska Department of Law logo

1031 West 4th Avenue, Suite 200
Anchorage, AK 99501-1994

Phone: 907-269-5100 • Fax: 907-276-3697
Relay Alaska 1-800-770-8973

attorney.general@alaska.gov