Documenting America’s Path to Recovery #213: November 18, 2021

By

Ballotpedia staff

Welcome to Documenting America’s Path to Recovery. Today we look at booster shots in ten states, changes in coronavirus restrictions in Washington, and other news since Nov. 10.

In observance of Thanksgiving, we will not be sending out an edition of this newsletter on Nov. 25. You can expect the next edition of this newsletter in your inbox on Dec. 2.

We’ll also give the latest tracking on:

  • Lawsuits about state actions and policies 
  • Vaccine distribution
  • State-level mask requirements
  • COVID-19 emergency health orders
  • School mask requirements
  • State proof-of-vaccination requirements and policies

Upcoming news

What is changing in the next week?

Federal: The Centers for Disease Control’s (CDC) vaccine advisory committee will meet on Nov. 19 to discuss authorization of the Pfizer booster vaccination for all individuals 18 and older.

Mississippi (Republican trifecta): On Nov. 11, Gov. Tate Reeves (R) announced the state’s coronavirus state of emergency would end on Nov. 20.

Since our last edition

What rules and restrictions are changing in each state? For a continually updated article, click here.

Federal:

  • On Nov. 15, Pfizer announced it had applied for Emergency Use Authorization from the Food and Drug Administration (FDA) for an antiviral medication to treat the coronavirus in unvaccinated individuals at high risk of severe disease.
  • On Nov. 15, U.S. District Judge L. Scott Coogler, who was nominated to the court by George W. Bush (R) in 2003, blocked the enforcement of a provision in the American Rescue Plan Act that prevented states from using relief funds to offset tax reductions. 

Arkansas (Republican trifecta): On Nov. 15, Gov. Asa Hutchinson (R) directed the Arkansas Department of Health to issue guidelines making all residents 18 and older eligible for a COVID-19 booster shot if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

California (Democratic trifecta):

  • On Nov. 10, Gov. Gavin Newsom (D) extended the state’s coronavirus state of emergency through March 31, 2022.
  • On Nov. 9, California Public Health Department Director Tomás Aragón sent a letter to local health jurisdictions and providers saying residents 18 and older are eligible to receive a booster vaccination if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

Colorado (Democratic trifecta): 

  • On Nov. 11, Gov. Jared Polis (D) issued an executive order making all residents 18 and older eligible for a COVID-19 booster shot if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.
  • On Nov. 14, the Colorado Department of Public Health and Environment said coronavirus vaccinations would be required to attend indoor, unseated events with more than 500 people in certain counties, effective Nov. 19 through Dec. 31. Negative coronavirus tests can be accepted instead of proof of vaccination through Dec. 1.

Delaware (Democratic trifecta): On Nov. 10, Gov. Jay Carney (D) extended the statewide school mask requirement through Feb. 8, 2022.

Georgia (Republican trifecta): On Nov. 16, Gov. Brian Kemp (R) and Attorney General Chris Carr (R) announced they were suing to overturn President Joe Biden’s (D) requirement that staff at medical facilities participating in Medicare and Medicaid get a COVID-19 vaccine. The requirement is scheduled to take effect Jan. 4, 2022. 

Illinois (Democratic trifecta): On Nov. 12, Gov. J.B. Pritzker (D) extended the statewide coronavirus disaster proclamation for an additional 30 days.

Kansas (divided government): On Nov. 17, Gov. Laura Kelly (D) announced that all residents 18 and older are eligible for a COVID-19 booster shot if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

Kentucky (divided government): On Nov. 17, Gov. Andy Beshear (D) issued an executive order making all residents 18 and older eligible for a COVID-19 booster shot if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

Louisiana (divided government): The Louisiana Department of Health issued guidance allowing any residents 18 and older to receive a booster vaccination if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

Massachusetts (divided government): On Nov. 18, Gov. Charlie Baker (R) announced that all residents over 18 are eligible to get a COVID-19 booster shot. Baker said people who initially got the two-dose Pfizer or Moderna shots could get a booster if six months had passed since their last shot, while people who got the one-dose Johnson & Johnson vaccine could get a booster two months after their shot.  

Maine (Democratic trifecta): On Nov. 17, Gov. Janet Mills (D) announced that all residents 18 and older are eligible for a COVID-19 booster shot if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

Michigan (divided government): On Nov. 17, Gov. Gretchen Whitmer (D) announced that all residents 18 and older are eligible to get a COVID-19 booster shot if six months have passed since their last shot. 

New Mexico (Democratic trifecta): On Nov. 12, Gov. Michelle Lujan Grisham issued an executive order making all residents 18 and older eligible for a COVID-19 booster shot if six months have passed since they received a Pfizer or Moderna vaccine, or two months have passed since they received a Johnson & Johnson vaccine.

North Dakota (Republican trifecta): On Nov. 12, Gov. Doug Burgum (R) signed House Bill 1511. The bill prohibits state and local governments from requiring COVID-19 vaccines. 

Pennsylvania (divided government): On Nov. 10, Pennsylvania Commonwealth Court Judge Christine Fizzano Cannon ruled that Acting Secretary of the Pennsylvania Health Department Alison Beam’s school mask requirement was issued without proper authority. Cannon issued an additional ruling on Nov. 16 saying the requirement would expire Dec. 4 barring a successful appeal to the state supreme court.

Rhode Island (Democratic trifecta): On Nov. 12, Gov. Daniel McKee (D) extended the state’s coronavirus disaster emergency declaration and the state’s school mask requirement through Dec. 11.

Texas (Republican trifecta): On Nov. 10, U.S. District Court for the Western District of Texas Judge Earl Yeakel blocked Gov. Greg Abbott’s (R) July 29 executive order prohibiting mask requirements in K-12 public schools. Yeakel’s ruling means that Attorney General Ken Paxton (R) cannot sue school districts in violation of Abbott’s order. 

Utah (Republican trifecta): On Nov. 16, Gov. Spencer Cox (R) signed SB2004, a bill requiring businesses that mandate a COVID-19 vaccine to grant medical or religious exemptions to employees who request them. 

Washington (Democratic trifecta): On Nov. 15, Gov. Jay Inslee’s (D) order placing restrictions on large events—those with more than 10,000 individuals outdoors or 1,000 individuals indoors—went into effect. The order requires patrons 12 years and older at large events to provide proof of vaccination or a recent negative COVID-19 test. 

West Virginia (Republican trifecta): On Nov. 15, Gov. Jim Justice (R) announced that all residents 18 and older are eligible to receive a COVID-19 booster shot if six months have passed since their last shot. 

Lawsuits about state actions and policies

To date, Ballotpedia has tracked 1,958 lawsuits in 50 states dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 608 of those lawsuits. 

Since Nov. 10, we have added 11 lawsuits to our database. We have also tracked one additional court order and/or settlement. 

BST Holdings, L.L.C. v. Occupational Safety and Health Administration

On Nov. 12, a three judge panel of the U.S. Court of Appeals for the Fifth Circuit  voted 3-0 to extend its temporary stay against the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine mandate applying to employers with 100 or more workers. The panel comprised Judges Kurt Engelhardt (a Donald Trump (R) appointee), Kyle Duncan (a Trump appointee), and Edith Jones (a Ronald Reagan (R) appointee). Engelhardt wrote: “A stay is firmly in the public interest. From economic uncertainty to workplace strife, the mere specter of the Mandate has contributed to untold economic upheaval in recent months.” In a press release, OSHA said: “While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the [mandate] pending future developments in the litigation.” 

Vaccine distribution

As of Nov. 17, the states with the highest vaccination rates as a percentage of total population (including children) were:

The states with the lowest rates were:

State mask requirements

Since Nov. 10, no changes to statewide mask requirements occurred. As of Nov. 18, masks were required in nine states with Democratic governors. Fourteen states with Democratic governors and all 27 states with Republican governors had no state-level mask requirements in effect.

COVID-19 emergency health orders

Governors and state agencies in all 50 states issued orders declaring active emergencies in response to the coronavirus pandemic. These orders allowed officials to access resources, like stockpiles of medical goods and equipment, unavailable to them during non-emergencies and temporarily waive or suspend certain rules and regulations. 

COVID-19 emergency orders have expired in 25 states. Emergency orders remain active in 25 states.

Since Nov. 10, no states have ended their statewide COVID-19 emergencies. 

School mask requirements

Since Nov. 10, statewide school mask requirements were extended in Delaware and Rhode Island. Courts ruled to block Texas’ school mask requirement ban, and to set Dec. 4 as the expiration date for Pennsylvania’s school mask requirement.

State proof-of-vaccination requirements and policies

As COVID-19 vaccination rates have increased, state governments have enacted various rules around the use of proof-of-vaccination requirements in their states. In some cases, states have banned state or local governments from requiring that people show proof-of-vaccination. Other states have assisted in the creation of digital applications—sometimes known as vaccine passports—that allow people to prove their vaccination status and, in some cases, bypass COVID-19 restrictions.  

  • Twenty states have passed legislation or issued orders prohibiting proof-of-vaccination requirements at some or all levels of government. 
  • Five states have supported the creation of digital vaccination status applications. 

Since Nov. 10, one state—North Dakota—passed a bill banning state and local governments from requiring proof of vaccination. North Dakota previously passed a similar law in April 2021.

State employee and healthcare worker vaccine requirements

The Food and Drug Administration granted Emergency Use Authorization to several COVID-19 vaccines in late 2020 and early 2021. Since then, many states have required state employees and healthcare workers to get vaccinated. In some cases, states have allowed workers to opt for regular COVID-19 testing in lieu of getting a vaccine. 

  • Fifteen states have issued a COVID-19 vaccine requirement for healthcare workers. 
  • Twenty states have issued a COVID-19 vaccine requirement for state employees.

Since Nov. 10, no states have enacted policies related to state employee or healthcare worker vaccine requirements.