A federal judge ruled that a federal judge ruled that administering the COVID-19 vaccine to healthcare providers could not take effect in Texas.
The Centers for Medicare and Medicaid (CMS) of the Department of Health and Human Services (HHS) issued a mandate last month, even though Congress did not have clear mandate to do so, U.S. District Judge Matthew Kaksmarik, Trump’s nominee, said in a 31st post. … The December 15 ruling page introduces a preliminary injunction.
The Biden administration cited the Social Security Act as allowing it to impose a mandate that would force every healthcare employer in a country accepting Medicare or Medicaid funding to fire unvaccinated workers unless blocked by January 4, 2022.
Sections of the law allow the Minister of Health to set rules, but the law does not mention vaccines.
“Defendants are citing statutory provisions that allow the HHS Secretary to determine funding in line with facility management standards,” Kaczmarik wrote. “Mandatory hospital standards are fundamentally different from the guidelines for who the provider hires or fires.”
The law explicitly states that the secretary cannot “exercise any supervision or control … over the selection, tenure or compensation of any official or employee of any institution, agency or person providing medical services,” Kaczmarik said.
“Here, the powers of the CMS far exceed those established by law. This allows the HHS Secretary to make the health worker’s employment status contingent on COVID-19 vaccine compliance, ”he added. “Congress prohibits such interference with hiring decisions. In addition, public health and safety regulation that goes beyond facility-based standards is clearly the prerogative of states through their police powers. ”
Texas Attorney General Ken Paxton, a Republican, welcomed the decision.
“This mandate is completely unconstitutional and the courts agree with it,” he wrote on Twitter.
The decision means that the mandate is locked in 25 states.
The vaccination demand was blocked nationwide, but an appeals court ruled earlier this week that the judge who did so gave “little reason” and overturned the preliminary injunction to affect only 24 states.
However, the mandate remains suspended. CMS suspended it in a December 1 memo due to a court blocking it for now.
A CMS spokesperson told The Epoch Times via email that the agency is looking into recent decisions and evaluating next steps for the mandate.
In another ruling on Thursday, US District Judge Dee Drell said Biden’s mandate for federal contractors should not go into effect for state employers in Louisiana, Mississippi and Indiana.
The contractor’s mandate has already been locked down nationwide by a preliminary injunction, but Drell, George W. Bush’s nominee, has made it clear that the administration cannot enforce any pertinent directives against the plaintiff states.
Drell said this mandate likely violates the Tenth Amendment to the US Constitution.
Jeff Landry, Louisiana’s Republican attorney general, said the ruling “will ensure Louisiana remains protected if the nationwide injunction is lifted.”