A federal judge has blocked President Joe Biden’s administration from enforcing a coronavirus vaccine mandate on health care workers in 10 states
The preliminary injunction by St. Louis-based U.S. District Judge Matthew Schelp applies to a coalition of suing states that includes Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Similar lawsuits also are pending in other states.
The court order against the health care vaccine mandate comes after Biden’s administration suffered a similar setback for a broader policy. A federal court previously placed a hold on a separate rule requiring businesses with more than 100 employees to ensure their workers get vaccinated or else wear masks and get tested weekly for the coronavirus.
Biden’s administration contends federal rules supersede state policies prohibiting vaccine mandates and are essential to slowing the pandemic.
But the judge in the health care provider case wrote that federal officials likely overstepped their legal powers.
“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. Such action challenges traditional notions of federalism,” Schelp wrote in his order.
Even under an exceedingly broad interpretation of federal powers, “Congress did not clearly authorize CMS to enact the this politically and economically vast, federalism-altering, and boundary-pushing mandate,” Schelp wrote.