Biden’s vaccine mandate for healthcare workers is blocked in 10 states

A federal judge in Missouri partially blocked the Biden administration’s mandate to vaccinate healthcare workers that receive federal funding on Monday.

The mandate will be blocked in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.

The U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) set a December 6 deadline for workers to receive their first dose of the Covid-19 vaccine. The mandate includes full-time employees, part-time employees, volunteers and contractors receiving Medicaid or Medicare funding.

US District Judge Matthew Schelp said that those challenging the mandate were likely to succeed because the CMS lacked the authority to implement the requirement.

“CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans. Such action challenges traditional notions of federalism," Schelp said.

Schelp said that despite being a critical tool in stopping the spread of the virus, the vaccine’s effects are still uncertain. Furthermore, the mandate could lead to staffing shortages.

“The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees, staff, trainees, students, volunteers, and contractors, rather than the swift, irremediable impact of requiring healthcare facilities to choose between two undesirable choices — providing substandard care or providing no healthcare at all,” he said.

The lawsuit was filed last month by the 10 states after the rule was announced. The states said that the mandate encroaches on states' rights and exceeds the agency’s authority.

Missouri Attorney General Eric Schmitt said the vaccine mandates were an “unprecedented federal reach” that could jeopardize the healthcare interests of Americans.

The Biden administration has faced similar lawsuits against its mandate requiring federal contractors and businesses with more than 100 employees to be fully vaccinated.