Fischer Supports Effort to Overturn Federal Vaccine Mandate for Health Care Workers

WASHINGTON, D.C. – On Wednesday, U.S. Senator Deb Fischer (R-Neb.) voted for a resolution of disapproval under the Congressional Review Act (CRA). The resolution would stop President Biden’s Centers for Medicare & Medicaid Services (CMS) vaccine mandate on health care workers. It would also prevent any similar rule from being put in place in the future. The resolution passed the Senate by a vote of 49-44.



“Health care workers in Nebraska and across the nation have worked tirelessly to save lives throughout the pandemic. The CMS vaccine mandate contradicts the American values of freedom and personal choice. Americans should make medical decisions with their doctors instead of being told what to do by the federal government,” said Senator Fischer.


On November 5, 2021, CMS published an emergency regulation in the federal register that required all workers at health care facilities that receive Medicare or Medicaid funds to be fully vaccinated. The mandate was blocked in 24 states, including Nebraska. Earlier this year, the U.S. Supreme Court ruled that the mandate could go into effect. This resolution would overturn that mandate.


The CRA is an oversight tool Congress can use to roll back certain agency rules through the passage of joint resolutions. These resolutions receive limited debate and are exempt from the U.S. Senate’s 60-vote threshold for passage.  If a CRA joint resolution is approved by both chambers of Congress and signed by the president or if Congress overrides a presidential veto, the rule at issue cannot go into effect. Federal agencies are also prohibited from issuing a similar rule in the future.