“규모는 예방 접종을받지 않은 직원이있는 의료 시설에 분명히 유리합니다., 직원, 연습생, 재학생, 자원 봉사자 및 계약자, 빠른 것보다, 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 월요일.
The ten states impacted by the ruling are those that sued the Biden administration over the rule: 알래스카, Arkansas, 아이오와, 캔자스, 미주리, 네브라스카, 뉴햄프셔, 노스 다코타, 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.