Earlier this month, an emergency regulation requiring all health care workers in the country to get COVID-19 vaccines was issued. Now, a group of 10 states is taking the issue to federal court.
CBS News reported that the states challenging the Biden administration’s vaccine rule for health care workers are: Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire. Missouri Attorney General Eric Schmitt and Nebraska Attorney General Doug Peterson are leading the charge.
“This case illustrates why the police power over compulsory vaccination has always been the province of — and still properly belongs to — the states,” the states argued in their complaint filed with a federal district court in St. Louis. “Vaccination requirements are matters that depends on local factors and conditions. Whatever might make sense in New York City, St. Louis, or Omaha could be decidedly counterproductive and harmful in rural communities like Memphis, Missouri or McCook, Nebraska.”
The states claim the rule violates the Constitution as well as federal law governing the agency rule-making process. Additionally, the states argue that the regulation will compound a shortage of health care workers, particularly in rural areas, and threatens the jobs of “millions” of health care workers who worked during the pandemic.
President Joe Biden first announced the requirement in September as part of a larger initiative to get more Americans vaccinated.
It was issued by the Centers for Medicare & Medicaid Services Nov. 4 and calls for all health care workers at facilities that receive funding through Medicare and Medicaid to be fully vaccinated against COVID-19 by Jan. 4. Many of the 2.4 million employees covered by the regulation do not have the option of undergoing daily or weekly testing instead of getting immunized against COVID-19.
States participating in the complaint allege that the regulation could have “devastating effects on healthcare services” and have asked the court to block the rule.
“If the CMS vaccine mandate drives out enough employees from particular facilities, those facilities might be forced to close certain divisions, cancel certain services or shutter altogether,” they told the court.
Republican-led states have also opposed a rule requiring employees at large companies must be vaccinated that Biden announced in September along with the CMS rule. This Occupational Safety and Health Administration requirement calls for workers at companies with more than 100 employees to be vaccinated by Jan. 4 or comply with face mask requirements and weekly testing.
Last Friday, 11 states filed a suit against the Biden administration over the vaccine requirement for workers. A federal appeals court in New Orleans temporarily halted the requirement Saturday in response to a separate challenge to the rule brought by private businesses and five other states.
A three-judge panel from the 5th U.S. Circuit Court of Appeals cited potential “grave statutory and constitutional issues” related to the rules.
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