In a lawsuit by Republican Louisiana AG Jeff Landry, precisely 14 states sued the current administration over the Centers for Medicare and Medicaid Services C-19 vaccine mandates for staffers.
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Judge Terry Doughty made a ruling to Monday’s decision by Missouri US District Judge Matthew Schelp. Also, he went one step further in his ruling, so he included a nationwide injunction.
Doughty ruled on the lawsuit led by Republican Louisiana Attorney General Jeff Landry and joined by 13 other states, but Doughty added a nationwide injunction in his ruling.
In his decision, Doughty wrote the Biden Administration doesn’t have the authority to bypass Congress in issuing such a mandate.
“If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands,” he wrote. “If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.
“During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties.”
The emergency regulation issued Nov. 4 by the Centers for Medicare and Medicaid Services would have required staff at providers that participate in the programs to receive at least one dose of a COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4, 2022.
It would have covered more than 17 million health care workers, according to the Centers for Medicare and Medicaid Services.
Earlier this month the 5th U.S. Circuit Court of Appeals in New Orleans blocked a broader Biden administration mandate that businesses with more than 100 workers require employees to be vaccinated by Jan. 4 or wear masks and be tested weekly. Landry was also the lead.
Any appeals of Doughty’s Tuesday decision would also go to the 5th Circuit.
Judge Doughty, a nominee o Trump, said that the case “will ultimately be decided by a higher court than this one.”
“However, it is important to preserve the status quo in this case,” Doughty wrote. “The liberty interests of the unvaccinated requires nothing less.”
Judge Doughty’s ruling resulted from the US District Judge Gregory F. Van Tatenhove block on Biden’s coronavirus vaccine mandate on federal contractors.
Source : https://thetruedefender.com/breaking-news-judge-blocks-c-19-vaccine-mandates-on-healthcare-workers-in-14-states/