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Federal Judge Halts Biden Shot Mandate for Health Care Workers

Illinois Review by Illinois Review
December 1, 2021
in Illinois News
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UPDATE x1: November 30, 2021 – A federal judge in Louisiana temporarily halted all healthcare worker vaccine mandates throughout the nation.

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More information to come …  from Liberty Counsel – Biden’s Shot Mandates Continue to Bite the Dust – Dec 1, 2021

This week, three federal judges have blocked the Biden administration’s COVID-19 unlawful shot mandates for federal contractors and health care workers. 

A federal judge granted a preliminary injunction yesterday against Biden’s shot mandate regarding federal contractors for three states. U.S. District Judge Gregory Van Tatenhove blocked the order at the request of the three attorneys general of Kentucky, Ohio, and Tennessee. The states sued Biden arguing that the mandate for companies that do business with the U.S. government violated the U.S. Constitution. 

In his ruling Judge Van Tatenhove stated, “The question presented here is narrow. Can the president use congressionally delegated authority to manage the federal procurement of goods and services to impose vaccines on the employees of federal contractors and subcontractors? In all likelihood, the answer to that question is no.”

More HERE.

Here's what happened earlier this week: 

JEFFERSON CITY, MO – Health care workers in 10 states who don’t want to take the COVID-19 shot will be pleased with a federal judge’s ruling in a lawsuit brought by Missouri Attorney General Eric Schmitt. St. Louis-based U.S. District Judge Matthew Schelp halted implementation and enforcement of the Biden administration’s COVID-19 shot mandate for thousands of affected health care workers.

Judge Schelp granted a preliminary injunction that applies to certified providers of Medicare and Medicaid and suppliers in each of the suing states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.

The Centers for Medicare & Medicaid Services (CMS) is a federal agency in the U.S. Department of Health and Human Services (HHS) that administers the Medicare program and works in partnership with state governments to administer Medicaid, the Children's Health Insurance Program (CHIP) and health insurance portability standards.

“CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans,” Schelp wrote in the order. “Such action challenges traditional notions of federalism.”
 
The court indicated that Congress had not clearly authorized the Centers for Medicare & Medicaid to institute the mandate for Medicare and Medicaid providers.
 
“Congress did not clearly authorize CMS to enact this politically and economically vast, federalism-altering, and boundary-pushing mandate,” Schelp wrote.
 
Similar lawsuits are pending in other states, including the 12-state lawsuit spearheaded by the Montana attorney general.
 
In response to this decision, Liberty Counsel Founder and Chairman Mat Staver said: “The health care workers in facilities that participate in the Medicare and Medicaid programs in these 10 states have had their burdens lifted by this exceptional court decision. Although Judge Schelp’s injunction applies only to 10 states for now, I suspect other states will intervene to extend the ruling, and other lawsuits are pending in 12 additional states. Moreover, it seems obvious that the legal reasoning will apply to all the states since it involves a nationwide rule.”

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Founded in 2005, Illinois Review is the leading perspective and source of conservative news, opinion and information in Illinois. Follow Illinois Review on X at @IllinoisReview.

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