The District Court for the Western District of Louisiana granted a nationwide injunction, putting the COVID-19 vaccine mandate on hold for health care workers in response to a multistate lawsuit that includes Arizona, led by Louisiana Attorney General Jeff Landry.
Judge Terry Doughty added a nationwide injunction in his ruling.
Judge Doughty wrote the Biden Administration doesn’t have the authority to bypass Congress in 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.
The states requested a preliminary injunction against the Centers for Medicaid and Medicaid Services (CMS) rule requiring the COVID shot on nearly every full-time employee, part-time employee, volunteer, and contractor working at a wide range of healthcare facilities receiving Medicaid or Medicaid funding.
“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,” said Landry. “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.”
On November 15, the 14-state coalition filed suit against the Biden Administration for acting without statutory authority, violating the Administrative Procedure Act, violating the Social Security Act, violating the Congressional Review Act, and violating the Constitution by promulgating and implementing Medicare and Medicaid Programs; Omnibus COVID-19 Heath Care Staff Vaccinations, 86 Fed. Reg. 61555 (Nov. 5, 2021).
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