New Orleans, Louisiana 2021-11-30 19:35:00 –
On Tuesday, Monroe’s federal district court said federal agencies had stepped over their authority and temporarily terminated the requirement for millions of health workers nationwide to be vaccinated by Monday, December 6. ..
“There is no doubt that mandating vaccines for 10.3 million health care workers should be done by Congress, not government agencies. It is not clear that even Congressional legislation requiring vaccines is constitutional.” Written by US District Judge Terry A. Doughty, who sits in Monroe in the western district of Louisiana.
He expanded the order to include all states except those already participating in the rule.
His 34-page opinion may be considered by the 5th US Circuit Court of Appeals in New Orleans and perhaps the US Supreme Court.
Orders and Opinions by US District Judge Terry A. Doughty of Monroe, Suspending National Immunization of Healthcare Workers.
The US Department of Health and Human Services and the Medicare Medicaid Service Center claimed that efforts to attract voluntary vaccinations failed and hospitals were quickly overwhelmed by unvaccinated COVID patients.
President Joe Biden initially did not think that vaccines should be mandated. He changed his mind on September 9 and announced his intention to request COVID-19 vaccination from healthcare professionals who treated patients at facilities that accept Medicare and Medicaid dollars. CMS released the rules on November 5th.
Doughty discovered that the CMS has not established new rules according to appropriate procedures such as collecting public comments.
“It took almost two months from September 9, 2021 to November 5, 2021 to prepare the interim final rule in which the CMS was in question. Obviously, the situation was not so urgent. So I didn’t need any notifications or comments, “Doughty wrote. “If human nature and history teach us, civil liberties face significant risks when the government declares an indefinite state of emergency. During such a pandemic, It is even more important to protect the separation of powers stipulated in our Constitution to avoid the erosion of our freedom. “
Doughty turned to a recent 5th US Circuit Court of Appeals decision and stalled another federal agency by demanding vaccinations for companies with more than 99 employees. He wrote that the opinion of the Fifth Circuit suggests a successful challenge to medical vaccination obligations.
“This issue will ultimately be decided by the High Court rather than this. However, in this case it is important to maintain the status quo. The benefits of unvaccinated freedom do not require any more.” Wrote wrote.
Proceedings to challenge national vaccination
Louisiana Attorney General Jeff Landry filed a lawsuit on November 15 with Republican Attorney Generals in Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, and West Virginia.
“Our battle is not over yet, but against the president’s unconstitutional and immoral attacks on access to medical services for our health care workers as well as our poor and the elderly. We are pleased that the court has provided preliminary relief, “Laundry said in a prepared statement.
62-year-old Doughty was nominated as a member of Congress by President Donald Trump in August 2017.
Since 2009, Doughty has served as a state district judge in the Franklin, Richland, and West Carroll parishes, and has since appeared in the state’s Court of Appeals. Prior to joining the bench, he was an assistant district attorney in northeastern Louisiana.
Louisiana judge: Biden administration can’t require health care workers to get vaccinated | State Politics Source link Louisiana judge: Biden administration can’t require health care workers to get vaccinated | State Politics