Federal Louisiana Judge Blocks CMS Mandate for All 50 States

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A Louisiana U.S. district judge blocked a federal COVID-19 vaccine mandate for health care workers Tuesday, issuing a nationwide ban.

This follows a Missouri decision that covered 10 states and it took place at the same time as a Montana decision to block the CMS mandate and that too covers all 50 states.

Louisiana Western District U.S. Judge Terry Doughty’s decision follows an identical ruling Monday from Missouri U.S. District Judge Matthew Schelp, but Schelp’s decision only covered 10 states.

The Montana ruling also addresses the separation of powers.

Doughty ruled on the lawsuit led by Republican Louisiana Attorney General Jeff Landry and joined by 13 other states, but Doughty added a nationwide injunction in his ruling.

In his decision, 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.

“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.”

The mandate was supposed to take effect on January 4th, with a first dose by December 6th.


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