“The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees, personeel, trainees, studente, 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,” wrote U.S. District Judge Matthew Schelp in a 32-page order Maandag.
The ten states impacted by the ruling are those that sued the Biden administration over the rule: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, Noord-Dakota, South Dakota and Wyoming.
Biden’s Nov. 5 order applied to health workers in hospitals that receive federal funding through Medicaid or Medicare, with Biden arguing that the rule was needed to help slow the spread of COVID-19 among the nation’s health care workers.
But Schelp ruled the order likely exceeded Biden’s authority, giving the ten states a temporary victory as the case continues to wind its way through the system.
“Congress did not clearly authorize CMS to enact this politically and economically vast, federalism-altering, and boundary-pushing mandate, which Supreme Court precedent requires,” Schelp wrote.