{"id":1065545,"date":"2021-11-29T17:14:11","date_gmt":"2021-11-29T22:14:11","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1065545"},"modified":"2021-11-29T17:14:18","modified_gmt":"2021-11-29T22:14:18","slug":"judge-strikes-down-joe-bidens-vaccine-mandate-for-healthcare-workers","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-strikes-down-joe-bidens-vaccine-mandate-for-healthcare-workers\/","title":{"rendered":"Judge Strikes Down Joe Biden&#039;s Vaccine Mandate for Healthcare Workers"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjudge-strikes-down-joe-bidens-vaccine-mandate-for-healthcare-workers%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1065545&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p class=\"subheading\">A judge halted President Joe Biden\u2019s federal vaccine mandate for healthcare workers in ten states on Monday, <a href=\"https:\/\/ago.mo.gov\/docs\/default-source\/press-releases\/cms-injunction.pdf?sfvrsn=ed822d9d_2\">court documents show<\/a>.<\/p>\n<p>Missouri-based U.S. District Judge Matthew Schelp, who was appointed by former President Donald Trump, issued the preliminary injunction for employees at&nbsp;Medicare and Medicare-certified medical facilities in North and South Dakota, Nebraska, Wyoming, New Hampshire, Missouri, Kansas, Iowa, Alaska, and Arkansas. Under the Biden administration\u2019s mandate, healthcare workers who work at hospitals, nursing homes, and other healthcare facilities that receive federal funding have been ordered to get vaccinated against COVID-19 by January 4, receive a medical or religious exemption, or face firing.<\/p>\n<figure id=\"D-ROS-B1\" class=\"a8d\"><\/figure>\n<figure id=\"M-ROS-B1\" class=\"a8d\"><\/figure>\n<figure id=\"gmxrevmore\" class=\"H\"><\/figure>\n<p>Schelp in his 32-page&nbsp;opinion&nbsp;decided that the detrimental impact of losing qualified healthcare workers outweighs the need for employees to be vaccinated and said the mandate imposes a burden \u201con the ability of healthcare facilities to provide proper care, and thus, save lives.\u201d<\/p>\n<p>\u201cThe 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 \u2014 providing substandard care or providing no healthcare at all,\u201d he wrote.<\/p>\n<p>In his opinion, Schelp clearly laid out three ways in which Biden\u2019s vaccine mandate is unlawful, leaving little doubt as to what his final ruling would be. Firstly, he argued that the Biden administration did not follow Supreme Court precedent in issuing the mandate because it did not first seek the approval of Congress to enact such a wide-reaching rule.<\/p>\n<figure id=\"M-ROS-B2\" class=\"a8d\"><\/figure>\n<p>\u201c<span>But even if Congress\u2019s statutory language was susceptible to CMS\u2019s [Centers for Medicare &amp; Medicaid Services] exceedingly broad reading\u2014which it is most likely not\u2014Congress did not clearly authorize CMS to enact the this politically and economically vast, federalism-altering, and boundary-pushing mandate, which Supreme Court precedent requires,\u201d he wrote.&nbsp;<\/span><\/p>\n<p><span>Secondly, he noted that even if Congress had approved the rule, failure to allow notice and comment before enacting the mandate is \u201cgrounds for invalidating the rule.\u201d<\/span><\/p>\n<p><span>\u201cHere, Plaintiffs are likely to succeed in their argument that CMS unlawfully bypassed the APA\u2019s notice and comment requirements,\u201d he wrote. \u201c\u2026And good cause is not automatically created based on an agency\u2019s conclusion that bypassing the notice and comment requirements is necessary to protect public safety.\u201d<br \/><\/span><\/p>\n<p><span>Lastly, Schelp said the plaintiffs are \u201clikely to succeed\u201d in establishing that the vaccine mandate for healthcare workers is \u201carbitrary or capricious.\u201d More specifically, he challenged the Biden administration\u2019s reasoning for the mandate on several fronts, including that the CMS \u201clacks evidence\u201d showing that \u201cvaccination status has a direct impact on spreading COVID in the mandate\u2019s covered healthcare facilities.\u201d<\/span><\/p>\n<div id=\"attachment_18689738\" class=\"wp-caption alignnone\" readability=\"39\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-18689738\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/11\/AP_21232699727026.jpg\" alt=\"Nurse Katrina Philpot protests against COVID-19 vaccine and mask mandates demonstrate near the state Capitol on Friday, Aug. 20, 2021, in Santa Fe, N.M. Gov. Michelle Lujan Grisham issued a health order this week obligating hospital workers to get COVID-19 vaccines. State workers are also ordered to get vaccinated. Philpot says her Rio Rancho hospital will fire her if she doesn&#039;t get her shots. (AP Photo\/Cedar Attanasio)\" width=\"640\" height=\"480\" \/><\/p>\n<p class=\"wp-caption-text\">Nurse Katrina Philpot protests against COVID-19 vaccine and mask mandates demonstrate near the state Capitol on Friday, Aug. 20, 2021, in Santa Fe, N.M. Gov. Michelle Lujan Grisham issued a health order this week obligating hospital workers to get COVID-19 vaccines. State workers are also ordered to get vaccinated. Philpot says her Rio Rancho hospital will fire her if she doesn\u2019t get her shots. (AP Photo\/Cedar Attanasio)<\/p>\n<figure id=\"M-ROS-B3\" class=\"a8d adSo\"><\/figure>\n<\/div>\n<p><span>\u201cIn general, the overwhelming lack of evidence likely shows CMS had insufficient evidence to mandate vaccination on the wide range of facilities that it did. Looking even beyond the evidence deficiencies relating to the specific facilities covered, the lack of data regarding vaccination status and transmissibility\u2014in general\u2014is concerning,\u201d he wrote.&nbsp;<\/span><\/p>\n<p><span>He also contended that the Biden administration \u201cfailed to consider or rejected obvious alternatives to a vaccine mandate without evidence.\u201d&nbsp;<\/span><\/p>\n<figure id=\"D-ROS-B2\" class=\"a8d\"><\/figure>\n<p><span>\u201cFor example, CMS rejected daily or weekly testing\u2014an option that even OSHA approved in its ETS\u2014without citing any evidence for such a conclusion,\u201d he continued.<\/span><\/p>\n<p><span>The judge further pointed to how the Biden administration has ignored science by excluding any exceptions for natural immunity.&nbsp;<\/span><\/p>\n<p><span>\u201c\u2026<\/span><span>As another example, CMS rejected<\/span> <span>mandate alternatives in those with natural immunity by a previous coronavirus infection,\u201d he said.&nbsp;<\/span><\/p>\n<figure id=\"M-ROS-B4\" class=\"a8d adSo\"><\/figure>\n<p>He added that CMS failed to adequately explain its contradiction to its \u201clong-standing practice of encouraging rather than forcing\u2014by governmental mandate\u2014vaccination.\u201d<\/p>\n<p>The judge also cited several instances in which healthcare facilities will suffer or even \u201cbe forced to close altogether\u201d if those facilities lose employees due to Biden\u2019s vaccine mandate.<\/p>\n<p>\u201cThus, if the mandate goes into effect, it will irreparably harm patients by impeding access to care for the elderly and for persons who cannot afford it\u2014directly contrary to Medicare and Medicaid\u2019s core objective of providing proper care,\u201d he continued. \u201cIn sum, Plaintiffs\u2019 evidence shows that facilities\u2014rural facilities in particular\u2014likely would face crisis standards of care or will have no choice but to close to new patients or close altogether, both of which would cause significant, and irreparable, harm to Plaintiffs\u2019 citizens.\u201d<\/p>\n<div id=\"attachment_18116554\" class=\"wp-caption alignnone\" readability=\"37\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-18116554\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/11\/Joe-Biden-Pfizer-booster-shot-getty.jpg\" alt=\"U.S. President Joe Biden receives a third dose of the Pfizer\/BioNTech Covid-19 vaccine in the South Court Auditorium in the White House September 27, 2021 in Washington, DC. Last week President Biden announced that Americans 65 and older and frontline workers who received the Pfizer-BioNTech COVID-19 vaccine over six months ago would be eligible for booster shots. (Photo by Anna Moneymaker\/Getty Images)\" width=\"640\" height=\"480\" \/><\/p>\n<p class=\"wp-caption-text\">U.S. President Joe Biden receives a third dose of the Pfizer\/BioNTech Covid-19 vaccine in the South Court Auditorium in the White House September 27, 2021 in Washington, DC. Last week President Biden announced that Americans 65 and older and frontline workers who received the Pfizer-BioNTech COVID-19 vaccine over six months ago would be eligible for booster shots. (Photo by Anna Moneymaker\/Getty Images)<\/p>\n<\/div>\n<p>In September, the Centers for Disease Control and Prevention confirmed this concern after surveying workers at more than 2,000 hospitals across the country. At the time, at least 30 percent of those workers were unvaccinated.<\/p>\n<p>\u201cApplied to a nationwide healthcare workforce of some 22 million according to the Census Bureau, that would equal nearly seven million who have yet to get inoculated,\u201d the <em>Wall Street Journal<\/em> <a href=\"https:\/\/www.wsj.com\/articles\/some-hospitals-prepare-to-lose-staff-over-covid-19-vaccination-mandate-11638181800\">reported<\/a>.<\/p>\n<p>The 10 states ultimately sued the Biden administration over claims the vaccine mandate is unconstitutional. Schelp said halting the mandate will allow time to \u201censure that federal agencies do not extend their power beyond the express delegation from Congress.\u201d<\/p>\n<p>The Biden administration is forbidden from enforcing its vaccine mandate \u201cpending a trial on the merits\u201d of the mandate or \u201cuntil further order of this Court.\u201d<\/p>\n<p>The Biden administration will most likely appeal Schelp\u2019s decision and could do so before the final judgment is even reached. If Biden does appeal, the case would go to the conservative-leaning U.S. Court of Appeals&nbsp;for the&nbsp;Eighth Circuit before possibly reaching the U.S. Supreme Court.<\/p>\n<p>The case is <em>Missouri v. Biden, <\/em>No.&nbsp;4:21-cv-1329 in the U.S. District Court for the Eastern District of Missouri.<em>&nbsp;<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A judge halted President Joe Biden\u2019s federal vaccine mandate for healthcare workers in ten states on Monday, court documents show. Missouri-based U.S. District Judge Matthew Schelp, who was appointed by &#8230;<\/p>\n","protected":false},"author":12,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1065545","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1065545","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1065545"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1065545\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1065545"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1065545"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1065545"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}