Judge blocks U.S. COVID-19 vaccine rule for health workers in 10 states
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[November 30, 2021]
By Tom Hals
(Reuters) -A federal judge on Monday
blocked in 10 states a Biden administration vaccine requirement, finding
the agency that issued the rule mandating healthcare workers get
vaccinated against the coronavirus likely exceeded its authority.
The ruling by U.S. District Judge Matthew Schelp in St. Louis prevents
the U.S. Centers for Medicare and Medicaid Services (CMS) from enforcing
its vaccine mandate for healthcare workers until the court can hear
legal challenges brought by the 10 states.
CMS in a statement said it was reviewing the ruling, adding that
unvaccinated healthcare staff pose a threat to patient safety.
The ruling is the second legal setback for President Joe Biden, who has
focused on vaccines to halt the COVID-19 pandemic, a point he emphasized
on Monday amid concerns about the spread of the new COVID-19 Omicron
variant.
A federal appeals court in New Orleans earlier this month blocked a
sweeping workplace mandate that requires businesses with at least 100
employees to get their staff vaccinated or tested weekly.
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Republican state attorneys general sued the administration in early
November over the CMS rule, seeking to block the requirement because
they alleged it would worsen healthcare staffing shortages.
Schelp, who was appointed by President Donald Trump, said CMS had
understated the "overwhelming" cost of its mandate and by declining to
submit the rule to public comment the agency had fed the vaccine
hesitancy the rule is meant to counter.
Schelp also said the CMS rule altered the balance of power between the
federal and state governments.
"Congress did not clearly authorize CMS to enact this politically and
economically vast, federalism-altering, and boundary-pushing mandate,
which Supreme Court precedent requires," he wrote.
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![](../images/113021pics/news_f11.jpg)
A demonstrator holds a sign during a protest by New York City Fire
Department (FDNY) union members, municipal workers and others,
against the city's COVID-19 vaccine mandates on Manhattan's Upper
East Side, in New York City, New York, U.S., October 28, 2021.
REUTERS/Mike Segar
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Schelp's ruling applied in the 10 states that brought
the case: Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming,
Alaska, South Dakota, North Dakota and New Hampshire.
On Nov. 4, CMS issued the interim final rule it said covers over 10
million people and applies to around 76,000 healthcare providers
including hospitals, nursing homes and dialysis centers.
The rule requires health facilities to mandate all employees,
volunteers and contractors have a first vaccine dose by Dec. 6 and
to be fully vaccinated by Jan. 4. Providers that fail to comply
could lose access to Medicare and Medicaid funds.
Medicare serves people 65 and older and the disabled. Medicaid
serves the poor.
In addition to the CMS rule and the workplace vaccine requirement,
the Biden administration imposed coronavirus vaccine rules on
government contractors, military personnel and federal employees,
which are all being challenged in court.
Courts have upheld mandates by private employers and state
governments, which have helped to increase the rate of COVID-19
vaccination in the United States.
On Wednesday, the Biden administration said a total of 92% of U.S.
federal workers have received at least one dose of a COVID-19
vaccine.
(Reporting by Tom Hals in Wilmington, Delaware; additional reporting
by Ahmed Aboulenein in Washington; Editing by Bill Berkrot)
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