Emily
Editor, Senior Moderator
https://health.wusf.usf.edu/health-...-injunction-the-state-and-feds-opt-to-move-on
A Missouri judge halts Biden's health care vax rule, and Florida's case moves to an appeals court
Health News Florida | By Jim Saunders - News Service of Florida
Published November 29, 2021 at 10:59 AM EST
The federal judge issued an injunction against the federal requirement. Meanwhile, a Pensacola-based judge issued an order that clears Florida's challenge to be onsidered by the 11th U.S. Circuit Court of Appeals.
Updated at 8:30 a.m. Tuesday
A Missouri judge on Monday at least temporarily blocked a federal COVID-19 vaccination requirement for health care workers in 10 states, while a separate Florida challenge to the mandate will be considered by an appeals court.
U.S. District Judge Matthew Schelp, of the federal Eastern District of Missouri, issued a preliminary injunction against the Biden administration requirement that workers at hospitals, nursing homes and other health care providers be vaccinated against COVID-19. Schelp’s ruling applies to health care workers in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.
Meanwhile, Pensacola-based U.S. District Judge M. Casey Rodgers issued an order Monday that will clear the way for Florida’s challenge to be considered by the 11th U.S. Circuit Court of Appeals.
...
The federal rule, issued this month, applies to hospitals, nursing homes and other health care providers that participate in the Medicare and Medicaid programs. Under the rule, health care workers are required to receive at least one dose of COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4, with limited exemptions for medical and religious reasons.
...
“in conclusion, even if Congress’s statutory language was susceptible to CMS’s exceedingly broad reading -- which it is most likely not -- Congress did not clearly authorize CMS to enact ... this politically and economically vast, federalism-altering, and boundary-pushing mandate, which Supreme Court precedent requires,” Schelp wrote....
A Missouri judge halts Biden's health care vax rule, and Florida's case moves to an appeals court
Health News Florida | By Jim Saunders - News Service of Florida
Published November 29, 2021 at 10:59 AM EST
The federal judge issued an injunction against the federal requirement. Meanwhile, a Pensacola-based judge issued an order that clears Florida's challenge to be onsidered by the 11th U.S. Circuit Court of Appeals.
Updated at 8:30 a.m. Tuesday
A Missouri judge on Monday at least temporarily blocked a federal COVID-19 vaccination requirement for health care workers in 10 states, while a separate Florida challenge to the mandate will be considered by an appeals court.
U.S. District Judge Matthew Schelp, of the federal Eastern District of Missouri, issued a preliminary injunction against the Biden administration requirement that workers at hospitals, nursing homes and other health care providers be vaccinated against COVID-19. Schelp’s ruling applies to health care workers in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.
Meanwhile, Pensacola-based U.S. District Judge M. Casey Rodgers issued an order Monday that will clear the way for Florida’s challenge to be considered by the 11th U.S. Circuit Court of Appeals.
...
The federal rule, issued this month, applies to hospitals, nursing homes and other health care providers that participate in the Medicare and Medicaid programs. Under the rule, health care workers are required to receive at least one dose of COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4, with limited exemptions for medical and religious reasons.
...
“in conclusion, even if Congress’s statutory language was susceptible to CMS’s exceedingly broad reading -- which it is most likely not -- Congress did not clearly authorize CMS to enact ... this politically and economically vast, federalism-altering, and boundary-pushing mandate, which Supreme Court precedent requires,” Schelp wrote....
