Public benefits from the ruling “because it would ensure that federal agencies do not extend their power beyond the express delegation from Congress,” judge rules.
Source: Jamie White
A federal court in Missouri has halted Joe Biden’s vaccine mandate for workers in Medicare-certified medical facilities in 10 states on Monday.
Judge Matthew Schelp of the Eastern District of Missouri granted the preliminary injunction for healthcare workers at Medicare-certified facilities in Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, and North and South Dakota.
Schelp, a Trump nominee, said the public would benefit from the ruling “because it would ensure that federal agencies do not extend their power beyond the express delegation from Congress.”
“And while ‘it is indisputable that the public has a strong interest in combating the spread of COVID-19,’ ‘our system does not permit agencies to act unlawfully even in pursuit of desirable ends.’”
“In conclusion, CMS [Centers for Medicare & Medicaid Services] mandate raises substantial questions of law and fact that must be determined, as discussed throughout this opinion,” Schelp wrote.
“Because it is evident CMS significantly understates the burden that its mandate would impose on the ability of healthcare facilities to provide proper care, and thus, save lives, the public has an interest in maintaining the ‘status quo’ while the merits of the case are determined.”
This marks another major legal defeat for the Biden administration, who already had its employee vaccine mandate via OSHA rebuked by the 5th Circuit Court of Appeals earlier this month.
Missouri and the nine other aforementioned states filed a lawsuit on Nov. 10 against the Biden administration seeking to stop its healthcare worker vaccine mandate, claiming it “threatens to exacerbate an alarming shortage of health care workers, particularly in rural communities, that has already reached a boiling point.”
Read the court ruling: