LOWE v. MILLS

No. 22-1710.

68 F.4th 706 (2023)

Alicia LOWE; Jennifer Barbalias; Garth Berenyi; Debra Chalmers; Nicole Giroux; Adam Jones; Natalie Salavarria, Plaintiffs, Appellants, v. Janet T. MILLS, in her official capacity as Governor of the State of Maine; Jeanne M. Lambrew, in her official capacity as Commissioner of the Maine Department of Health and Human Services; Nancy Beardsley, in her official capacity as Acting Director of the Maine Center for Disease Control and Prevention; MaineHealth; Genesis Healthcare of Maine, LLC; Genesis Healthcare LLC; MaineGeneral Health; Northern Light Eastern Maine Medical Center, Defendants, Appellees, MTM Acquisition, Inc., d/b/a Portland Press Herald/Maine Sunday Telegram, Kennebec Journal, and Morning Sentinel; SJ Acquisition, Inc., d/b/a Sun Journal, Intervenors.

United States Court of Appeals, First Circuit.

May 25, 2023.


Attorney(s) appearing for the Case

Mathew D. Staver , with whom Horatio G. Mihet , Roger K. Gannam , Daniel J. Schmid , and Liberty Counsel were on brief, for appellants.

Kimberly L. Patwardhan , Assistant Attorney General, with whom Aaron M. Frey , Attorney General, and Thomas A. Knowlton , Deputy Attorney General, Chief, Litigation Division, were on brief, for appellees Janet T. Mills, Jeanne M. Lambrew, and Nancy Beardsley.

James R. Erwin , Katharine I. Rand , Katherine L. Porter , and Pierce Atwood LLP on brief for appellees MaineHealth, Genesis HealthCare of Maine, LLC, Genesis HealthCare LLC, and MaineGeneral Health.

Ryan P. Dumais and Eaton Peabody on brief for appellee Northern Light Eastern Maine Medical Center.

Before Montecalvo, Selya, and Lynch, Circuit Judges.


Since 2021, Maine has required certain healthcare facilities to ensure that their non-remote workers are vaccinated against COVID-19. See 10-144-264 Me. Code R. § 2(A)(7); see also Me. Rev. Stat. Ann. tit. 22, § 802. We refer to this requirement as the "Mandate." The Mandate...

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