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As we previously reported, Joe Biden’s federal vaccine mandate was blocked nationwide.
Initially, U.S. District Judge Matthew Schelp in Missouri blocked the vaccine mandate in 10 states.
Then U.S. Judge Terry Doughty of Louisana issued a nationwide injunction after 13 more states filed a lawsuit.
The lawsuit is filed on behalf of health care workers who do not want to be forced to take the vaccine for legitimate health or religious reasons. If not, health care workers are faced with losing their jobs.
A memo was released by the Centers for Medicare & Medicaid Services (CMS) that confirmed they are suspending the enforcement of Biden’s vaccine mandate.
The Department of Health and Human Services’ (HHS) simply has no other choice as the federal court blocked the mandate from being implemented pending review.
The memo states, “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.”
The memo explained, “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.”
“Between the two of them, these injunctions cover all states, the District of Columbia and the U.S. Territories.”
As a result, CMS has suspended all activities related to the implementation and enforcement of Biden’s unlawful and unwise vaccine mandate pending “future developments in the litigation,” the memo concludes.
In the court’s ruling, Doughty wrote, “If the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property – the power to make rules, to enforce them, and to judge their violations – could never fall into the same hands.”
“If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands. If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.”
Doughty wrote, “During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties.”
“Because the Plaintiff States have satisfied all four elements required for a preliminary injunction to issue, this Court has determined that a preliminary injunction should issue against the Government Defendants,” he continued.
“This matter will ultimately be decided by a higher court than this one. However, it is important to preserve the status quo in this case. The liberty interests of the unvaccinated requires nothing less.”
