A U.S. judge on Tuesday 30th November blocked a Biden administration COVID-19 vaccination rule for healthcare workers and applied the ruling nationwide where the mandate was still in effect, according to a court ruling.
A federal Judge Terry A. Doughty in the U.S. District Court Western District of Louisiana, ruled in favour of a request from Republican Louisiana Attorney General Jeff Landry to block an emergency regulation issued Nov. 4 by the Centers for Medicare & Medicaid Services that required the COVID vaccine 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, according to Fox News and Reuters
Louisiana was joined in the lawsuit by attorneys general in 13 other states.
Biden does not have the constitutional authority to go around Congress by issuing such a mandate
In his ruling Doughty argued, that the Biden administration does not have the constitutional authority to go around Congress by issuing such a mandate and said that “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 require 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.”
Source Fox News
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