Federal judge blocks Biden vaccine mandate for health care workers nationwide

  

Category:  News & Politics

Via:  vic-eldred  •  2 months ago  •  22 comments

By:   By Jon Brown

Federal judge blocks Biden vaccine mandate for health care workers nationwide
"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," he wrote. "If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.

S E E D E D   C O N T E N T



A federal judge in Louisiana issued a nationwide preliminary injunction Tuesday against  President Biden’s   COVID-19  vaccine mandate for health care workers.

Judge Terry A. Doughty in the U.S. District Court Western District of Louisiana ruled in favor of a request from Republican Louisiana Attorney General Jeff Landry to block an emergency regulation issued Nov. 4 by the Centers for Medicare and Medicaid Services that required vaccines for nearly every full-time employee, part-time employee, volunteer, and contractor working at a wide range of healthcare facilities receiving Medicaid or Medicaid funding.

Louisiana was joined in the lawsuit by attorneys general in 13 other states.

Doughty argued in his ruling that the Biden administration does not have the constitutional authority to go around Congress by issuing such a mandate.
"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," he wrote. "If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.

"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," he added.

Noting that the case "will ultimately be decided by a higher court than this one," Doughty wrote, "However, it is important to preserve the status quo in this case. The liberty interests of the unvaccinated requires nothing less."
Landry praised the ruling, saying in a statement: "I applaud Judge Doughty for recognizing that Louisiana is likely to succeed on the merits and for delivering yet another victory for the medical freedom of Americans. While Joe Biden villainizes our healthcare heroes with his ‘jab or job’ edicts, I will continue to stand up to the President's bully tactics and fight for liberty."
"While our fight is far from over, I am pleased the Court granted preliminary relief against the President’s unconstitutional and immoral attack on not only our healthcare workers but also the access to healthcare services for our poor and elderly," Landry continued. "I will see this case through to the end – fighting every step of the way to prevent the federal government from imposing medical tyranny on our citizens and turning last year's healthcare heroes into this year's unemployed."

Doughty's ruling  echoes  one from U.S. District Judge Matthew Schelp, who issued a  32-page order  on Monday blocking the Biden administration from enforcing their vaccine mandate on health care workers in 10 states.



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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    2 months ago

The Occupational Safety and Health Administration (OSHA) is already abiding by another court order and suspending enforcement of the Biden administration's vaccine mandate for private business.

 
 
 
bbl-1
Professor Quiet
2  bbl-1    2 months ago

Can't understand why there is movement in this country to give the pandemic as much breathing room as possible.  Does not make any sense.  Should a vaccine a studied to negate the benefits of the Polio vaccine too while were at it?  Why not?  Screw it.  Let the viruses live, they have rights, right?

 
 
 
Vic Eldred
Professor Principal
2.1  seeder  Vic Eldred  replied to  bbl-1 @2    2 months ago

I asked the same questions.  There is one you forgot....Is a vaccine mandate legal?

 
 
 
Buzz of the Orient
Professor Principal
2.2  Buzz of the Orient  replied to  bbl-1 @2    2 months ago

You're right.  America DESERVES this because it shouldn't be LEGAL to require vaccinations.

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Nowhere Man
Junior Expert
2.2.1  Nowhere Man  replied to  Buzz of the Orient @2.2    2 months ago
You're right.  America DESERVES this because it shouldn't be LEGAL to require vaccinations.

Buzz, it isn't about mandates requiring vaccinations, it IS about their willingness to destroy peoples lives to do it.... Let the people vote on the mandates and see what they say... For all those that talk about every vote counts, why is it that they decide that dictation is now the way to go cause they think they have all the power?

The washington state government actually went and fired thousands of state workers over their mandate, they don't care about the union or their representation, they are gleefully celebrating how they got the state worker employment force to 96% vaccinated status, like they did it honestly.... they got there by getting rid of those that were pulling down their percentage, even those with direct medical conditions that made this specific vaccine a potential killer for them, sworn to by their doctors.

They don't care about the people they are destroying with these mandates...

That is why the courts are staying their execution.. This is still a nation that protects it's citizens from abuses...

 
 
 
Buzz of the Orient
Professor Principal
2.2.2  Buzz of the Orient  replied to  Nowhere Man @2.2.1    2 months ago

Did FDR require the people to vote as to whether or not to defend the USA when Pearl Harbour was attacked?  One would think that an invasion that has ALREADY killed three quarters of a million Americans might require a more immediate response.  These days I wouldn't step one foot into the USA anyway even to hug my grandchildren for the first time, and with the chance that if I did and got sick I damn well wouldn't want to go to a hospital if the health workers are walking around in it spreading the virus. 

 
 
 
Nowhere Man
Junior Expert
2.2.3  Nowhere Man  replied to  Buzz of the Orient @2.2.2    2 months ago
Did FDR require the people to vote as to whether or not to defend the USA when Pearl Harbour was attacked?  

Actually yes he did, the constitution requires him to go to congress and declare war, Congress, the representatives of the people, are the only ones that can declare war...

It is only under the fake emergency declarations that ANY of them can do the shit they are doing unilaterally... that is the main difference between this disease and all the rest we have faced in our history, THIS one immediately became an emergency disaster allowing them to do a great many things they otherwise would not be allowed to...

Democrats do love themselves a disaster and emergency declaration, with the state of congress today, it's the only way they can do the things they really want to do..

 
 
 
cjcold
Professor Quiet
2.2.4  cjcold  replied to  Buzz of the Orient @2.2    2 months ago

Lost a friend to polio back in the day before the vaccine was mandatory.

Don't much care if antivaxxers commit suicide as long as they don't take me with them.

 
 
 
PJ
Masters Participates
2.2.5  PJ  replied to  Nowhere Man @2.2.1    2 months ago

"The People" already voted for the mandate via the election.  The administration should continue to forge ahead until "The People" vote in a different President and Administration.  

 
 
 
Snuffy
Junior Participates
2.2.6  Snuffy  replied to  PJ @2.2.5    2 months ago

Actually no they didn't.  While campaigning,  Biden stated that he did not feel that vaccines should be mandated.  He did state that vaccines were important and if elected he would do everything in his power to convince people to get vaccinated but he never campaigned on a mandate.

 
 
 
PJ
Masters Participates
2.2.7  PJ  replied to  Snuffy @2.2.6    2 months ago

It doesn't matter.  He's the president that the people overwhelmingly elected.  One of the reasons he was elected was because he promised to weigh the facts and science when making decisions.  Because we have a faction of people who don't believe in facts and science he has been forced to mandate the vaccine to save the sane people in the country.  

 
 
 
Just Jim NC TttH
Senior Principal
2.2.8  Just Jim NC TttH  replied to  PJ @2.2.7    2 months ago
mandate the vaccine to save the sane people in the country.  

Well the sane people, as you call them, should already be vaccinated. So what the hell are they worried about?

 
 
 
Nowhere Man
Junior Expert
2.2.9  Nowhere Man  replied to  PJ @2.2.5    2 months ago

"The People" already voted for the mandate via the election.  The administration should continue to forge ahead until "The People" vote in a different President and Administration.  

Sorry PJ, I didn't see any "Mandate" on my ballot... He was already six months into his term before he even announced it... It wasn't even under consideration until they were having problems getting it into people arms cause they still weren't convinced they wanted it, which is their right under the constitution...

I don't give a damned which way it goes the government does not have the right to force medical treatments onto citizens.... They didn't have to do this with polio, spanish flu or smallpox or any other disease until this one... A disease the US Government funded the creation of.....

He said that your side are tired of waiting, thank you for that as it reveals the intentions of the current liberals in government... Believe it or not this is a good thing... It confirms EVERYTHING we have been saying about liberals for the longest time... They don't give a damn about everyone they only care about themselves...

Right now people are waiting patiently for the outcome of the power struggle.. I pray that they come to their senses cause the citizenry isn't going to take much more as far as mandates and edicts from on high...

It fairly clear from the current popularity polls on how well the government is handling covid that the people are against the tactics they have been using...

But then the same as we historically seen, liberalism requires force, and the people do not want force applied to them...

 
 
 
PJ
Masters Participates
2.2.10  PJ  replied to  Just Jim NC TttH @2.2.8    2 months ago

Well to answer your question I will point to the newest variant, omicron.  I'm not being sarcastic.  I'm just trying to point out the obvious which is that viruses mutate.  Its what they do really really well.  Vaccines are a tool to help protect us.  And while vaccines are developed to be safe and effective for the majority of the population it doesn't protect everyone because we are all individuals and some of us are more susceptible then others depending on our own personal variables such as lifestyle, individual health conditions and genetics.  Its complicated and why experts recommend getting vaccinated, wearing a mask when possible, and social distancing.  It's the best formula we have to fight the virus. 

Personally, I find this argument baffling.  The debate about vaccines has been over for many years.  

 
 
 
PJ
Masters Participates
2.2.11  PJ  replied to  Nowhere Man @2.2.9    2 months ago

No hello, how are you, how have you been, nice to see you again?  I'm hurt.  jrSmiley_5_smiley_image.png

Those with common sense and the ability to digest new information as it is learned have the ability to adjust their position as the situation evolves.   What do they say.......continuing to do the same thing over and over and expecting different results is insanity.    Staying the course when all signs show it will have detrimental outcomes is just as insane.  

I've changed my mind on lots of things as I've learned more.  I only wish more people would exercise that prerogative.   

You're right, he did not want to have to mandate the vaccine but to many people have lost their ability to reason and are anti-vax only because the current President isn't Trump. 

My recollection is that Biden also said he would follow the facts and science.  That's what he is basing his decision on.   

 
 
 
Just Jim NC TttH
Senior Principal
2.2.12  Just Jim NC TttH  replied to  PJ @2.2.10    2 months ago

Even the vaccinated can get it and spread it again is the point. This stat from a member, was posted yesterday about Finger Lakes in New York

  • Of those hospitalized for COVID in Monroe County, 65% are not vaccinated

So 35% are

  • Of those in ICU for COVID, almost 80% are not vaccinated

So a little over 20% are

  • Of those who are on a respirator for COVID, 82% are not vaccinated

So 18% are.

Unfortunately it isn't the be all and end all............................

 
 
 
PJ
Masters Participates
2.2.13  PJ  replied to  Just Jim NC TttH @2.2.12    2 months ago

I'm not sure what you are saying and I don't want to speculate.  

 
 
 
Just Jim NC TttH
Senior Principal
2.2.14  Just Jim NC TttH  replied to  PJ @2.2.13    2 months ago

I am saying that the vaccinated in some cases are no different that the unvaccinated when it comes to getting the disease and/or spreading it. That's it. Not on a major scale, but there nonetheless.

 
 
 
Nowhere Man
Junior Expert
2.3  Nowhere Man  replied to  bbl-1 @2    2 months ago
Can't understand why there is movement in this country to give the pandemic as much breathing room as possible.  Does not make any sense.

Sure it does, You can have all the vax mandates you want to have, just do it the right way... I know, not a concept you really appreciate is it...

 
 
 
Vic Eldred
Professor Principal
3  seeder  Vic Eldred    2 months ago

"The developments are just the latest in a string of legal setbacks for  President Biden  as his administration seeks to blunt the effects of a global pandemic that has already killed more than 750,000 people in the U.S. 

The ruling from the Louisiana-based judge dovetails with a Monday decision by yet another federal judge, based in Missouri, who blocked the mandate for health workers in 10 states. Tuesday’s ruling effectively extended the freeze nationwide."

 
 
 
Nowhere Man
Junior Expert
3.1  Nowhere Man  replied to  Vic Eldred @3    2 months ago

Yep, In this country, dictators HAVE to get their dictates past the courts.... Why do you think they want to expand the courts and pack them with their sycophant's??

Ain't it refreshing to see the system set up hundreds of years ago still works when one side decides to trample the rights of the other side... Another year to wait before we can shut them all down...

 
 
 
cjcold
Professor Quiet
3.1.1  cjcold  replied to  Nowhere Man @3.1    2 months ago

If COVID doesn't get you all first.

 
 

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