A federal judge placed a halt on President Biden’s COVID-19 vaccine mandate on Monday, calling the requirement a “politically and economically vast, federalism-altering, and boundary-pushing mandate.”
“The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees, staff, trainees, students, volunteers and contractors, rather than the swift, irremediable impact of requiring healthcare facilities to choose between two undesirable choices — providing substandard care or providing no healthcare at all,” U.S. District Judge Matthew Schelp wrote in a 32-page order.
Schelp said in his ruling that the states who sued the Biden administration were “likely to succeed” in their argument that Congress had not granted the federal Centers for Medicare and Medicaid Services (CMS) the authority to create the mandate.
“CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans,” Schelp wrote. “Such action challenges traditional notions of federalism.”
The New York Post explained, the “requirement would have affected more than 17 million workers in about 76,000 health care facilities and home health care providers. Under the rule, announced Nov. 4, those affected would have to get their first dose of a vaccine by Dec. 6 and their second shot by Jan. 4.”
“A previous ruling against the Biden administration temporarily blocked a rule that private businesses with more than 100 employees require workers to be vaccinated or face weekly testing,” the Post added.
As a result of the order, the Biden mandate is now halted in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.