Nov 29 Reuters - A federal judge on Monday blocked a Biden administration vaccine requirement in 10 states, finding that the agency that issued the rule mandating healthcare workers get vaccinated against the coronaviruses 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.
President Joe Biden, who has focused on vaccines to halt the COVID 19 epidemic, said on Monday that the ruling was the second legal setback for President Joe Biden, who was concerned about the spread of the new COVID 19 Omicron variant.
A federal appeals court in New Orleans blocked a workplace mandate that required businesses with at least 100 employees to get their staff vaccinated or tested weekly.
In early November, Republican state attorneys general sued the administration over the CMS rule, trying to block it because they claimed it would worsen healthcare staffing shortages.
Schelp, who was appointed by President Donald Trump, said CMS had understated the burden and didn't submit the rule to public comment because the agency fed the vaccine hesitancy the rule is meant to counter.
Schelp said the CMS rule has changed the balance of power between the federal and state governments.
Congress did not authorize CMS to enact this politically and economically vast, federalism-altering, boundary-pushing mandate, which Supreme Court precedent requires, he wrote.
On November 4, CMS issued the interim final rule that covers more than 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 that all employees, volunteers and contractors get a first vaccine dose by December 6 and be fully vaccinated by January 4. Providers that don't comply could lose access to Medicare and Medicaid funds.
Medicare serves 65 and older people and the disabled. Medicaid serves the poor.
The Biden administration imposed the coronaviruses 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 increase the rate of COVID-19 vaccination in the United States.
On Wednesday, the Biden administration said that 92% of U.S. federal workers received at least one dose of a COVID- 19 vaccine.