Posted on 11/29/2021 3:30:23 PM PST by Enlightened1
Federal court blocks Biden's vaccine mandate for health workers in 10 states
A federal court in Missouri has blocked the Biden administration from enforcing a coronavirus vaccine mandate for health care workers at federally-funded facilities in 10 states.
Why it matters: Monday's decision is the first victory for opponents of the rule, which requires health care workers to get vaccinated by Jan. 4, 2022. The case is one of four lawsuits challenging the Centers for Medicare & Medicaid Services' (CMS) rule and argues that the mandate will exacerbate staffing shortages.
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What he's saying: The mandate exceeds the agency's authority, U.S. District Judge Matthew Schelp wrote in the opinion.
"The nature and breadth of the CMS mandate requires clear authorization from Congress—and Congress has provided none," he said.
Along with its "political significance," the cost of compliance with the mandate — around $1.38 billion in the first year — represents the "heavy hand of the federal government," he added.
(Excerpt) Read more at news.yahoo.com ...
⬆📌
Finally some common sense rule of law.
What, they courts are going to now say the mandate will selectively be tossed for some groups but it’s okay for others? What sort of equal justice under the law is this?
And Congress hasn’t granted CMS authority to do this in *any* state. It stands to reason this trickles to all states.
link to ruling below
https://ago.mo.gov/docs/default-source/press-releases/cms-injunction.pdf?sfvrsn=ed822d9d_2
It’s what is commonly known as horse****.
Schelp is a Trump judge, approved by senate early last year. Good pick. FUB
I could go by the nickname if pepsEE so I understand your technical terminology used there. And my expert engineering opinion is ... yup!
The case was brought on by representatives of these groups, and the courts rule only on the matter at hand.
But this is a great decision, because it also talks about the “heavy hand of the federal government” and how the government cannot enact its non-legislatively approved “mandates” through administrative (bureaucratic) means.
I should have finished my post with “QED”...
The potatus is backing off the federal employee shot mandate as well.
Remember the only power they have is what we allow
This is good news on a personal level. While I am not in one of the affected 10 states, this sets a good precedent.
the best money can buy...
Courts have generally upheld COVID vaccine mandates in recent months, with the Supreme Court declining to block enforcement of Maine's requirement for health workers.
If the Supreme Court has already decided in this fashion, how could any of these suits truly hold up when all is said and done? Hasn't the USSC's decline to block the Maine requirement already set a precedent?
Declining to hear a case is not deciding the case. A decline can be for one of several reasons.
Missouri,
Nebraska,
Arkansas,
Kansas,
Iowa,
Wyoming,
Alaska,
South Dakota,
North Dakota
New Hampshire
Oh, how I wish my state were on that list.
There's a difference between state mandates (gov't) and OSHA/CMS mandates (bureaucracy).
Good New. There are lawsuits in the works and I hope they go the same way.
Yea...depressing, esepically now the push for digital vax passport ... write your state rep & senator
You, sir, are legislating from the bench by requiring legislators to legislate from the legislature. How dare you interfere with the executive’s desire to legislate from the executive branch. Haven’t you heard of separation of powers?/;D/s
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