Posted on 11/29/2021 12:38:29 PM PST by george76
Judge Matthew Schelp of the Eastern District of Missouri issued an injunction halting President Joe Biden's Wuhan coronavirus vaccine mandate for Medicare and Medicaid workers in ten states Monday, citing a lack of approval from Congress.
"The mandate requires nearly every employee, volunteer, and third-party contractor working at fifteen catogires of healthcare facilities to be vaccinated against SARS-CoV-2 (“COVID”) and to have received at least a first dose of the vaccine prior to December 6, 2021," court documents show. "Congress did not grant CMS authority to mandate the vaccine. Plaintiffs are likely to succeed in their argument that Congress has not provided CMS the authority to enact the regulation at issue here."
"Given the vast economic and political significance of this vaccine mandate, only a clear authorization from Congress would empower CMS to act," the ruling states. "Because this mandate significantly alters the balance between federal and state power, only a clear authorization from Congress would empower CMS. In the absence of a clear indication that Congress intended for CMS to invoke such significant authority, the Court will not infer congressional intent."
Further, Schelp made the argument that a shortage of healthcare workers caused by the vaccine mandate is far more damaging than unvaccinated workers continuing to see patients.
"According to CMS, the effectiveness of the vaccine to prevent disease transmission by those vaccinated is not currently known, what is known based on the evidence before the Court is that the mandate will have a crippling effect on a significant number of healthcare facilities in Plaintiffs’ states, especially in rural areas, services (resulting in no medical care at all in some instances), and jeopardize the lives of numerous vulnerable citizens. The prevalent, tangible, and irremediable impact of the mandate tips the balance of equities in favor of a preliminary injunction," Schelp wrote.
The mandate was also ruled arbitrary and capricious for the following reasons:
The mandate is arbitrary and capricious because the record is devoid of evidence regarding the covered healthcare facilities
The mandate is arbitrary and capricious because CMS improperly rejected alternatives to the mandate.
The mandate is arbitrary and capricious because of its broad scope.
The mandate is arbitrary and capricious due to CMS’s sudden change in course.
The mandate is arbitrary and capricious because CMS failed to consider or properly weigh necessary reliance interests.
The states where the mandate is halted includes Arkansas, Kansas, Missouri, Nebraska, Wyoming, North Dakota, South Dakota, Alaska, Iowa and New Hampshire. The lawsuit was filed by the State of Missouri against President Joe Biden.
In my shop they can’t get anyone to go to the airport or the federal courthouse. Even though we aren’t required to be vaxed. The entire shop has refused and let them know if they even ask us to get the jab, we will all quit.
This seems to be all the trades.
Elections have consequences....or so we've been told.
It is a big deal because, going by the book, congress is supposed to grant CMS authority to do this in *any* state.
CMS is a consortium of insurance “companies”, not a public health agency. The contract is with each taxpayer, plus those people paying premiums for Medicare.
I believe Biden is giving the federal workers and contractors a temporary reprieve until January 4 to get vaccinated. By then hopefully the title wave of court cases knocking out the mandate for contractors of over 100 employees and now federally funded medical facilities in assorted states will gather steam and set back if not kill all the federal mandates. Then it will be up to patriots in blue states like New Mexico to continue the fight (Radical Dem Governor here has required all health care workers to be vaxed or be fired.)
Meanwhile, in Germany, you can’t kill yourself if unvaccinated ...
“Irony has been declared many times in this pandemic but now, from Covid-riddled Germany comes the final proof: you can’t kill yourself now unless you’ve been vaccinated. As European countries battle to limit the spread of the virus, Verein Sterbehilfe – the German Euthanasia Association – has issued a new directive, declaring it will now only help those who have been vaccinated or recovered from the disease.”
https://www.spectator.co.uk/article/german-euthanasia-clinics-refusing-unvaccinated-customers
Huh.
Only “the healthiest” are permitted to off themselves.
I’m wagering it’s completely lost on the Krauts to what degree The Divine is mocking them.
Thank you!
“... Vaccine Mandate Just Took a Major Blow”
Where was Kamala at the time?
What did she blow, and when did she blow it?
Agreed. Hunter has got to be having fun. Wish I was a soulless, heartless, bastard of a president son. I would be having a hell of a good time. Dad is too demented to care. I might pull off a scan art exhibit and laugh at 100K in profit before the sane people (not dad) halt it. Might even start smoking crack, meth and heroine. Good times ahead.
Does Congress have the authority to order vaccinations?
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