Posted on 11/17/2021 10:02:11 AM PST by CedarDave
A group of states has sued President Joe Biden and his administration challenging the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) setting COVID-19 vaccination requirements for a range of employees working at Medicare- and Medicaid-certified providers and suppliers.
On November 10, 2021, 10 states led by Eric S. Schmitt, the attorney general of the State of Missouri, filed a lawsuit in the U.S. District Court for the Eastern District of Missouri seeking a declaratory ruling, as well as preliminary and permanent injunctions enjoining CMS from imposing the IFR’s mandate. Alaska, Arkansas, Iowa, Kansas, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming are the other states in the suit. This lawsuit is similar to ones challenging new Biden Administration COVID-19 vaccination requirements for federal contractors and employers with a total of 100 or more employees.
In part, the states claim that:
* CMS failed to comply with the Administrative Procedure Act (APA). They claim that the IFR was arbitrary, capricious, and an abuse of discretion, especially because, the states allege, the vaccination requirement will cause healthcare workers to leave their employers at a time when hospitals and other healthcare providers already are struggling with substantial staffing shortages.
* The IFR’s broad scope (covered are employees, as well as volunteers and contractors performing services for the covered provider or supplier) is too removed from the rationale of protecting patient safety. Therefore, it is arbitrary and capricious under the APA.
* CMS failed to comply with the APA’s notice-and-comment requirements.
* The mandate exceeds the rulemaking power of CMS and violates the U.S. Constitution’s Tenth Amendment by encroaching on a state’s authority to regulate public health.
(Excerpt) Read more at natlawreview.com ...
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Only ten states? I guess the other red state Republican officials are too busy welcoming refugees to be bothered.
I hear what you’re saying but the ruling on the OSHA mandate that got shut down shut it all down because there was a STAY order on OSHA...period.
If one CMS suit prevails it should put a STAY ORDER on CMS that would apply to all states.
I hear you, but part of the problem we face is waiting around for others to do the heavy lifting, which is just wrong. Also, there is strength in numbers, even if just on paper. Last, they should stand up simply because it’s the right thing to do. Just my thoughts.
They’d better step on it...
There’s another suit involving 12 other states too.
Do you have any info on this suit?
Thanks much!
Feel free to post a new thread....
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