Posted on 11/30/2021 6:07:21 PM PST by WeaslesRippedMyFlesh
Cases against the administration's vaccine mandate have been filed in a number of states, alleging that the president overstepped his jurisdiction because such a policy requires congressional approval under the US Constitution.
A US court in Louisiana blocked the Biden administration's COVID-19 vaccination mandate for all healthcare employees on Monday.
Judge Terry Doughty of the Western District of Louisiana stated in the ruling that the plaintiff state's motion to halt the mandate implementation is granted.
"Therefore, the US Department of Health and Human Services and the Center for Medicare and Medicaid Services, along with their directors, employees, Administrators and Secretaries are hereby ENJOINED and RESTRAINED from implementing the CMS Mandate as to all healthcare providers, suppliers, owners, employees, and all others covered by said CMS Mandate," the document reads.
In the ruling, the judge wrote that "If the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property – the power to make rules, to enforce them, and to judge their violations – could never fall into the same hands."
In his decision, Doughty argued that the Biden administration lacked the constitutional authority to bypass Congress by issuing such a mandate.
"If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands," Doughty stated. "If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency."
According to the judge, in the current pandemic, it is important to maintain the separation of powers in order to "avoid the erosion of our liberties." And because the states which filed lawsuits in the first place "have satisfied all four elements required for a preliminary injunction to issue," the WDLA court ruled that "a preliminary injunction should be issued against the Government Defendants."
"This matter will ultimately be decided by a higher court than this one," Doughty stressed. "However, it is important to preserve the status quo in this case. The liberty interests of the unvaccinated requires nothing less."
He also noted that a national injunction was required because the Centers for Medicare and Medicaid Services (CMS) Mandate was national in scope and "uniformity" was needed.
"Therefore, the scope of this injunction will be nationwide, except for the states of Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, South Dakota, since these ten states are already under a preliminary injunction order dated November 29, 2021, out of the Eastern District of Missouri," Doughty ruled. "This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court."
The verdict was applauded by Louisiana Attorney General Jeff Landry, who criticized Biden for "villainizing" the US healthcare heroes with his "jab or job" edicts.
"I applaud Judge Doughty for recognizing that Louisiana is likely to succeed on the merits and for delivering yet another victory for the medical freedom of Americans," said Landry. "While Joe Biden villainizes our healthcare heroes with his ‘jab or job’ edicts, I will continue to stand up to the President's bully tactics and fight for liberty."
Doughty's decision follows a similar one issued by US District Judge Matthew Schelp of Missouri on Monday, but Schelp's order only applied to ten states.
The defendants must immediately stop implementing or enforcing the mandate with Comment Period for all Medicare and Medicaid approved providers and suppliers in those ten states, according to the court. The judge also stated that the defendants are preliminarily barred from carrying out and enforcing this mandate.
Attorneys general from 13 other states joined Louisiana in the case against the mandate.
That was well said.
We are truly a nation gone mad!
What I’ve been saying all along. Biden does not have the Constitutional authority to mandate vaccinations, period.
That’s why his administration coerced the providers and employers to do, supposedly of their own volition but THREATENED by OSHA, et al for any number of punitive actions to include disapproval of payments involving CMMS patients, etc.
It’s fascism. Force private industry to do what they themselves cannot legally do.
Thank God!
Finally, some sanity in this whacked-out world.
The headline is misleading. My daughter who is an RN in NY is still without a job because of Hochul’s mandate on HC workers
I truely hope this is nationwide as my BIL in Montana is about to losehis job jan 4th.
Bastards.
Its a little bit late right?How many victims did they poison with their faux vaccines?and how many more will become seriously ill or die from being injected while under duress?
These employees need to take serious civil actions to get their finances in order to protect them in the event of a deadly reaction to that crap.
P4L
Exactly!
This ruling should have come seven months ago.
The CMS mandate addressed in this case wasn't issued until November 5, 2021. So it would have been a bit difficult for this court, or any court, to issue a ruling on it seven months ago.
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