Federal judge blocks healthcare worker vaccine mandate after S.C., 14 other states file lawsuit

Federal judge sides with AG Wilson and blocks healthcare worker vaccine mandate
Published: Nov. 30, 2021 at 5:22 PM EST
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COLUMBIA, S.C. (WMBF) - A federal judge sided with South Carolina Attorney General Alan Wilson Tuesday, blocking the federal government from requiring healthcare workers to be vaccinated against COVID 19.

South Carolina is one of 14 states suing to stop the mandate, arguing that President Biden does not have the authority for the mandate because, among other things, it violates the Tenth Amendment, which reserves to the states or to the people any powers not expressly given to the federal government.

Wilson said this suit is not about vaccines but about the President following the law.

“The Biden Administration has struck out in court yet again. That is because the President does not respect the rule of law but only the abuse of power,” Wilson said. “Our brave healthcare workers should not be subjected to such overreach by a President who wishes to rule by force.”

While the rule is blocked, the government cannot force healthcare workers to get vaccinated; however, hospitals and private employers can still require vaccinations on their own.

The lawsuit points allege numerous legal problems with the mandate.

  • The mandate exceeds the authority of the Centers for Medicare and Medicaid Services.
  • It violates the Social Security Act’s prohibition on regulations that control the selection and tenure of healthcare workers.
  • The mandate is arbitrary and capricious.
  • It violates the Spending Clause.
  • It violates the Anti-Commandeering doctrine.
  • It’s unconstitutional because it violates the Tenth Amendment.

The lawsuit claims it also violates the Administrative Procedures Act’s notice-and-comment requirement, the Congressional Review Act’s publication-and-review requirements, and the Social Security Act’s consultation and regulatory-impact-analysis requirements.

The lawsuit asks the Court to hold that the vaccine mandate is unlawful and vacate it, while preliminarily and permanently blocking the Biden Administration from implementing it.

Federal Judge Terry A. Doughty in the U.S. District Court Western District of Louisiana (Monroe) presided over the case.

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