A federal court has forced the Biden administration to adhere to the ruling halting vaccine mandates against healthcare workers – ensuring that the DOJ cannot stop the court’s decision which protects individual’s medical freedoms.
Missouri Attorney General Eric Schmitt said in a statement: “The 8th Circuit Court of Appeals denied the Department of Justice’s motion for stay pending appeal in our lawsuit against the vaccine mandate on healthcare workers, meaning our injunction will stay in place.”
The statement included the court order, which stated: “Appellants’ Emergency Motion for Stay Pending Appeal is denied.”
Schmitt led a coalition of 10 states back in early November in filing a lawsuit to stop the Center for Medicare and Medicaid Services’ vaccine mandate on healthcare workers.
In late November, the United States District Court, Eastern District of Missouri, issued a preliminary injunction against the Biden administration’s vaccine mandate on healthcare workers.
“Earlier today, the United States District Court, Eastern District of Missouri, issued a preliminary injunction halting the Biden Administration from enforcing its vaccine mandate on healthcare workers. This is a huge victory for healthcare workers in Missouri and across the country, including rural hospitals who were facing near certain collapse due to this mandate,” Schmitt said at the time.
“While today’s ruling is a victory, there’s more work to be done, and I will keep fighting to push back on this unprecedented federal overreach.”
The Department of Health and Human Services’ (HHS) Centers for Medicare & Medicaid Services (CMS) later announced that it was suspending the enforcement of mandate pending the review.
In a memo, CMS stated, “Survey and Enforcement of the Vaccine Requirement for Health Care Staff in Medicare- and Medicaid-certified Providers and Suppliers Suspended While Court Ordered Injunctions are in Effect: The Centers for Medicare & Medicaid Services (CMS) will not enforce the new rule regarding vaccination of health care workers or requirements for policies and procedures in certified Medicare/Medicaid providers and suppliers (including nursing facilities, hospitals, dialysis facilities and all other provider types covered by the rule) while there are court-ordered injunctions in place prohibiting enforcement of this provision.”
“On November 29 and November 30, 2021, the United States District Court for the Eastern District of Missouri and United States District Court for the Western District of Louisiana issued preliminary injunctions against the implementation and enforcement of the Interim Final Rule against Medicare-and-Medicaid-certified providers and suppliers,” the memo said.
“Between the two of them, these injunctions cover all states, the District of Columbia and the U.S. Territories.”
“While CMS remains confident in its authority to protect the health and safety of patients in facilities certified by the Medicare and Medicaid programs, it has suspended activities related to the implementation and enforcement of this rule pending future developments in the litigation,” the memo continued.
“Accordingly, while these preliminary injunctions are in effect, surveyors must not survey providers for compliance with the requirements of the Interim Final Rule.”
Author: Marshall Kindred