According to the court order, the federal Centers for Medicare and Medicaid does not have “clear authority” from Congress to enact mandatory vaccinations for providers participating in the two state health programs, according to the AP.
District Judge Matthew Shelp’s initial decision regarding St. Louis, Missouri, is valid for a group of states with similar actions pending: Alaska, Arkansas, Iowa, Kansas, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.
The Biden administration decree mandated the COVID-19 vaccination for more than 17 million workers nationwide at nearly 76,000 health facilities and home health care providers funded by government health programs.
It has also been shown that workers should receive their first dose by December 6th and the second dose by January 4th.
This court order against mandatory vaccination comes after a federal court blocked another ordinance requiring companies with more than 100 employees to ensure they are vaccinated or wear a protective mask and have weekly coronavirus tests.
Under the Joe Biden administration, federal rules are rescinding state policies banning vaccines, which are necessary to slow the occurrence of the COVID-19 pandemic.
But the federal judge, in the case of compulsory vaccination of providers for these medical centers, said federal authorities may have extrapolated their legal jurisdiction.
In his decision, Matthew Shelp noted, “Medical centers seek to bypass the traditional area of state authority by imposing an unprecedented requirement to federally dictate private medical decisions for millions of Americans. Such a measure challenges traditional notions of federalism.”
Even under the federal authorities’ overly broad interpretation, “Congress clearly did not authorize it [os centros médicos] To issue this broad political and economic mandate to change federalism and expand borders,” Shelp said.
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