Denver, Colorado 2021-11-29 21:09:07 –
Jefferson City, Missouri — Federal Judge Monday Forces Thousands of Healthcare Workers in Ten States to Vaccine Corona Virus Vaccine by President Joe Biden’s Administration First Legal Objection to Requirements I stopped that.
According to a court order, the Federal Medicare & Medicaid Center did not have clear authority from Congress to establish vaccine obligations for healthcare providers participating in two government health programs, the disabled and the poor.
The provisional injunction by St. Louis-based U.S. District Judge Matthew Shelp applies to a coalition of litigation states, including Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. .. All these states have a Republican Attorney General or Governor. Similar proceedings are pending in other states.
Federal regulations require COVID-19 vaccination of more than 17 million workers nationwide in approximately 76,000 healthcare facilities and home care providers funded by government health programs. Workers are expected to receive the first dose by 6 December and the second dose by 4 January.
A court order against the obligation of healthcare vaccines will be issued after the Biden administration has suffered a similar setback due to broader policies. Federal courts have previously withheld another rule requiring companies with more than 100 employees to vaccinate their employees or wear masks and be tested for coronavirus weekly. rice field.
The Biden administration argues that federal regulations replace state policies banning vaccine mandates and are essential to delay the pandemic that killed more than 775,000 people in the United States. About three-fifths of the US population is already fully vaccinated.
However, judges in the medical provider proceedings wrote that federal authorities probably exceeded their legal powers.
“The CMS is trying to overtake the territory of traditional state authorities by imposing an unprecedented demand on the federal government to direct the private medical decisions of millions of Americans. Such actions challenge the traditional notion of federalism, “Schelp wrote in his order.
Even under the very broad interpretation of federal power, Congress did not explicitly allow the CMS to enact “a mission that is politically and economically vast, changing federalism and pushing boundaries.” Schelp, appointed to the bench by former President Donald Trump, wrote.
Vaccine requirements may make sense for long-term care facilities, but evidence that CMS has no evidence of imposing vaccines on other healthcare providers and that their mission may endanger understaffed facilities. Schelp wrote that he was ignoring. The judge also said that the CMS improperly circumvented the requirements for public notice and comment when issuing emergency rules.
A CMS spokesperson said authorities are considering a court order.
“Unvaccinated medical staff poses direct and indirect threats to patient safety and population health,” the CMS said in a statement Monday. “Therefore, it is important for healthcare providers to ensure that their staff are vaccinated against COVID-19.”
Eric Schmidt, Missouri Attorney General, who led the proceedings, said the ruling “boosted the overkill of power” by those who “use the coronavirus as a tool” to control people. rice field.
Officials in several states also praised the court’s ruling. New Hampshire Governor Chris Sununu said that “nursing homes were at risk of closure” if the mission remained.
Iowa Governor Kim Reynolds said vaccines are the best defense against COVID-19, but healthcare providers “deserve the freedom and ability to make their own informed health decisions.” rice field.
Biden vaccine rule for health workers blocked in 10 states Source link Biden vaccine rule for health workers blocked in 10 states