covid-19 /

Federal Court Blocks Biden’s Vaccine Mandate for Healthcare Workers in 10 States

The federal judge called Biden's mandate 'arbitrary and capricious'

A federal court temporarily blocked President Biden’s vaccine mandate for health care workers in 10 states.

The preliminary injunction was issued on Nov. 29 by the U.S. District Court for the Eastern District of Missouri as part of Missouri vs. Biden. Other plaintiffs include Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire. 

In court documents, the states contend that Biden’s mandates “imposes an unprecedented federal vaccine mandate on nearly every full-time employee, part-time employee, volunteer, and contractor working at a wide range of healthcare facilities receiving Medicaid or Medicaid funding.”

“The CMS vaccine mandate threatens with job loss millions of healthcare workers who risked their lives in the early days of the COVID-19 pandemic to care for strangers and friends in their communities,” the lawsuit said. “The Plaintiff States seek to end this dragooning of our States’ healthcare heroes.”

Biden established a nationwide vaccination mandate with an executive order on Sept. 9. As part of the new regulation, any health care facility receiving federal funding had to require its staff to be fully vaccinated. The policy impacted an estimated 17 million workers.

In his ruling, U.S. District Judge Matthew T. Schelp said Biden’s mandate was “arbitrary and capricious.” He noted that the Centers for Medicare and Medicaid Services did not have the authority to enforce the mandate, which would need to be authorized by Congress.

“No one questions that protecting patients and healthcare workers from contracting COVID is a laudable objective,” Schelp wrote. “But the Court cannot, in good faith, allow CMS to enact an unprecedented mandate that lacks a ‘rational connection between the facts found and the choice made.’”

“The judge also ruled CMS ‘improperly bypassed notice and comment requirements’ in imposing the rule and disputed the federal government’s claim the mandate is an ‘emergency’ measure, given it waited months after the vaccines became available to impose the mandate,” per Forbes.

“This is a huge victory for healthcare workers in Missouri and across the country, including rural hospitals who were facing near certain collapse due to this mandate,” Missouri Attorney General Schmitt said in a statement. “While today’s ruling is a victory, there’s more work to be done, and I will keep fighting to push back on this unprecedented federal overreach.”

An additional lawsuit involving a dozen other states is still pending.

The Biden administration has also been challenged in two circuit courts over the constitutionality of the mandate as it applies to private companies. A total of 18 states signed on as plaintiffs in the cases.

*For corrections please email [email protected]*

4 responses to “Federal Court Blocks Biden’s Vaccine Mandate for Healthcare Workers in 10 States”

  1. Garce says:

    It can happen anywhere. If you can, work with coworkers to put pressure on the company executives and help them realize their loss in revenue should they fire everyone that is not poked. It is always about money and if you discuss concerns like this in terms of money, they are more likely to respond.

  2. pandusa says:

    Unfortunately, not my State. Some of my friends are about to lose their career nursing jobs if not vaxed with 1st dose by Dec. 5. Religious exemptions not responded to but I guess we will know in a couple days. They have already HAD the virus. I have seen these people in high stress, life or death situations (cardiac codes) at work but NEVER like this: Bullied, demoralized, not sleeping/eating properly, crying and financially de-platformed. There is nowhere else go. All facilities are requiring it REGUARDLESS. The needle in your arm or your lifes work /career (one 33 years). And no accountability if it hurts or disables you. They survived the virus…but not the government. I dread to answer the phone when they call. I have called/written gov. officials, protested at the hospital with them and am helpless as I hear the panic in their voices…Some of the bravest people I have ever known…

  3. It’s even happening here in AR, companies are still demanding it, even though the OSHA-Executive branch edict has stalled the rule due to litigation. I feel a little black pilled, cause it’s finally happening here, even when I thought it couldn’t.

  4. StephenLonghi says:

    I don’t believe this will actually stop hospitals forcing their employees to get the vaccine. Medicare and Medicaid will be restricting reimbursement to hospitals if their employees are not vaccinated. The hospitals need that revenue to keep the doors open. Until Medicare and Medicaid are forced to stop tying the reimbursement rates to covid vaccines nothing will change