President Joe Biden spoke about the authorization of the COVID-19 vaccine for children ages 5-11 on November 3, 2021, in Washington, DC.
A request for a preliminary injunction was filed by Republican attorneys general from 14 states.
The rule that requires the staff of twenty-one types of Medicare and Medicaid healthcare providers to receive one vaccine by December 6, 2021, and to receive the second vaccine by January 4, 2022, was ruled against by the US District Judge. Penalties include "termination of the Medicare/Medicaid Provider Agreement" for providers that don't comply.
Over 10 million health care workers are regulated by the Centers for Medicare and Medicaid Services, of which over 2 million are unvaccinated. The Biden vaccine rule is being challenged by attorneys general from Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio.
The Eastern District of Missouri issued a preliminary injunction in November of 2016 that applies to all but 10 states. Those states are Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, and South Dakota.
Liberty interests of the unvaccinated.
The US Court of Appeals for the Fifth Circuit already ruled against the US in a similar case. The Supreme Court could eventually reach it. The injunction will remain in effect until the states' lawsuit against the Biden administration is resolved.
He wrote in his conclusion.
If the separation of powers meant anything to the Constitutional framers, it meant that the power to make rules, to enforce them, and to judge their violations could never fall into the same hands. Two of the three powers granted by the Constitution would be in the hands of the Executive branch if it were allowed to take over the power of the Legislative branch to make laws.
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Civil liberties are at risk when governments proclaim states of emergency. It is more important than ever to safeguard the separation of powers in our Constitution during a Pandemic to avoid the erosion of our liberties.
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This matter will be decided by a higher court. It is important to keep the status quo. The liberty interests of the unvaccinated require nothing more.
There are unvaccinated healthcare workers in other states who also need protection, so Doughty decided to make the injunction nationwide.
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The Biden contractor rule was blocked.
A judge granted a preliminary injunction yesterday preventing the Biden administration from forcing vaccine mandates on federal contractors in Kentucky, Ohio, and Tennessee. The judge who issued that ruling was Gregory Van Tatenhove of the US District Court for the Eastern District of Kentucky.
Van Tatenhove wrote that vaccines are effective and that the government can require citizens to be vaccine free. The question in the case is narrow, asking if the president can use congressionally delegated authority to manage the federal procurement of goods and services to impose vaccines on the employees of federal contractors and subcontractors. The answer to that question is likely no.
The judge cites the recent ruling against OSHA.
The Fifth Circuit appeals court issued a stay on November 12 preventing the OSHA from implementing a mandate that required employees of covered employers to undergo a COVID-19 vaccination or to take weekly COVID-19 tests and wear a mask. Many of the issues in that case are similar to the issues in theCMS Mandate, and the appeals court stayed the OSHA Mandate because of perceived grave statutory and Constitutional issues pending briefing and an expedited judicial review.
The appeals court found that the OSHA Mandate exceeded the federal government's authority under the Commerce Clause because it regulated non economic activity that falls within the state's police power.
The court found that the liberty interests of the petitioners were at risk because they had to choose between their jobs and the vaccine.
