COVID-19

Vivek H. Murthy, Surgeon General, et al. v. Missouri, et al. (Filed: 12/22/2023)
Throughout the COVID-19 pandemic, the federal government was in communications with major social media platforms regarding their policies around moderating content on COVID-19, including on treatment, vaccine, and mask efficacy as well as the lab leak origin theory. In some cases, White House and Department of Health and Human Services (HHS) officials flagged specific content that they urged social media platforms to remove on the basis of violating the platforms' terms of service.

In 2022, two states and five social media users filed a lawsuit alleging that the government’s engagement and communications with social media platforms about moderating the posts of users constituted government-coerced speech and violated First Amendment constitutional rights. This case worked its way through the appeals process and is now being heard in the Supreme Court. ACP’s overall policy on strengthening the public health infrastructure and pandemic preparedness explicitly supports federal efforts to address public health dis- and misinformation. ACP policy specifically calls on the federal government to “partner with social media and other outlets to elevate evidence-based, credible sources.” In this amicus brief, the interested parties argue that misinformation about vaccines meaningfully interferes with their lifesaving role in a well-functioning public health system and has contributed to declining vaccine uptake.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding section.

State of Georgia, et al., v. The President of the United States, et al. (Filed: 12/14/2021)
This case involves a 2021 executive order directing all federal agencies, as well as covered federal contractors and subcontractors, to ensure that all federal contracts moving forward require compliance with and implementation of guidance published by the Safer Federal Workforce Task Force.

This task force issued guidance requiring employees of covered contractors to be vaccinated against COVID-19, which was challenged by several states. This brief was filed on behalf of the Biden Administration in an appeal of a preliminary injunction preventing the enforcement of the vaccine mandate nationwide. ACP has issued several policy positions and other statements supporting laws to promote the uptake of recommended vaccinations. In this amicus brief, the interested parties argue that COVID-19 poses a grave danger to the health of federal contractor employees and that vaccines provide a safe and effective way to reduce transmission and increase workplace safety.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding section.

Commonwealth of Kentucky, et al., v. Joseph R. Biden, et al. (Filed: 12/14/2021)
This case involves a 2021 executive order directing all federal agencies, as well as covered federal contractors and subcontractors, to ensure that all federal contracts moving forward require compliance with and implementation of guidance published by the Safer Federal Workforce Task Force. This task force issued guidance requiring employees of covered contractors to be vaccinated against COVID-19, which was challenged by several states.

This brief was filed on behalf of the Biden Administration in an appeal of a preliminary injunction preventing the enforcement of the vaccine mandate in Kentucky, Ohio, and Tennessee. ACP has issued several policy positions and other statements supporting laws to promote the uptake of recommended vaccinations. In this amicus brief, the interested parties argue that COVID-19 poses a grave danger to the health of federal contractor employees and that vaccines provide a safe and effective way to reduce transmission and increase workplace safety.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding section.

National Federation of Independent Businesses, et al., v. Department of Labor, Occupational safety and Health Administration, et al.; Ohio, et al., v. Department of Labor, Occupational Safety and Health Administration, et al. (Filed: 2021)
This case involves a 2021 Occupational Safety and Health Administration (OSHA) rule that requires employers with 100 or more employees to ensure that each of their employees is vaccinated against COVID-19, as well as to provide paid-time off for employees to obtain a vaccination. An emergency stay was issued halting enforcement of the rule, which was challenged in over 34 lawsuits that were combined in this case. ACP has issued several policy positions and other statements supporting laws to promote the uptake of recommended vaccinations. In this amicus brief, the interested parties argue that COVID-19 poses a grave danger to the health of workers and that vaccines provide a safe and effective way to reduce transmission and increase workplace safety.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding section.

State of Missouri, et al., v. Joseph R. Biden, Jr., et al. (Filed: 12/07/2021)
This case involves a Centers for Medicare and Medicaid Services (CMS) interim final rule requiring eligible workers in health care settings to be fully vaccinated against COVID-19 with limited exceptions. A preliminary injunction was issued blocking enforcement of the rule in the 10 states that challenged it, and later, nationwide. This brief was filed on behalf of CMS in an appeal of the injunction. ACP has issued several policy positions and other statements supporting laws to promote the uptake of recommended vaccinations. In this amicus brief, the interested parties argue that COVID-19 poses a grave danger to the health of health care facility staff and patients and that vaccines provide a safe and effective way to reduce transmission and protect health care facility staff and patients from COVID-19.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding section.

Jonathan Roberts, et al., v. Mary T. Bassett, et al. (Filed: 2/28/2022)
This case involves a notification issued by the New York Department of Health including a description of eligibility for oral antiviral COVID-19 treatment in which “Non-white race or Hispanic/Latino ethnicity should be considered a risk factor, as longstanding systemic health and social inequities have contributed to an increased risk of severe illness and death from COVID-19.” The notification was challenged but the case was dismissed, and this brief was filed on behalf of the New York Department of Health in an appeal against the decision.

ACP believes that policymakers should recognize and address how increases in the frequency and severity of public health crises, including large-scale infectious disease outbreaks, poor environmental health, and climate change, disproportionately contribute to health disparities for Black, Indigenous, Latinx, Asian American, Native Hawaiian, Pacific Islander, and other vulnerable persons. In this amicus brief, the interested parties argue that minoritized populations are at heightened vulnerability to severe illness and death from COVID-19, which is tied to systemic racism and bias, and thus considering a person’s race or ethnicity in evaluating their risk of severe progression of COVID-19 is justified.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding and Racial Health Disparities sections.

William A. Jacobson v. Mary T. Bassett (Filed: 2/23/2022)
This case involves a notification issued by the New York Department of Health (NYDOH) including a description of eligibility for oral antiviral COVID-19 treatment in which “Non-white race or Hispanic/Latino ethnicity should be considered a risk factor, as longstanding systemic health and social inequities have contributed to an increased risk of severe illness and death from COVID-19.” The notification was challenged by America First Legal, and this brief was filed on behalf of the NYDOH.

ACP believes that policymakers should recognize and address how increases in the frequency and severity of public health crises, including large-scale infectious disease outbreaks, poor environmental health, and climate change, disproportionately contribute to health disparities for Black, Indigenous, Latinx, Asian American, Native Hawaiian, Pacific Islander, and other vulnerable persons. In this amicus brief, the interested parties argue that minoritized populations are at heightened vulnerability to severe illness and death from COVID-19, which is tied to systemic racism and bias, and thus considering a person’s race or ethnicity in evaluating their risk of severe progression of COVID-19 is justified.

See additional relevant ACP advocacy in the Public Health Infrastructure and Funding and Racial Health Disparities sections.