Relying on the separation of powers, Judge Terry Doughty ruled in favor of a coalition of 14 Republican-led states, including Louisiana, Ohio and Arizona, behind the legal challenge.
The US Constitution does not allow the executive to
usurp the power of the legislature to make laws, he argued, doubting, however, that Congress has the constitutional power to impose vaccination.
The magistrate thus suspended the application of compulsory vaccination while waiting for justice to rule on the merits of the dispute.
Meanwhile, writes in his 34-page decision Justice Doughty, who warns against
erosion of individual freedoms,
it is important to preserve the status quo.
” The right to liberty of unvaccinated people demands nothing less. “
The Louisiana Attorney General, instigator of the process, welcomed a
major victory for our health heroes, accusing President Joe Biden of having a
bullying strategy towards healthcare workers.
This is the second setback on this file in as many days for President Joe Biden. On Monday, a Missouri court blocked the measure, but in a group of 10 states, including those who won today.
The regulations at the center of the litigation require the immunization of the personnel of health care providers who accept Medicare or Medicaid insurance programs, respectively intended for older and less fortunate Americans.
Employees of hospitals, nursing homes and other targeted health facilities were to obtain a first dose by December 6 and the second, in the case of two-dose vaccines, by January 4.
According to the court, this vaccination obligation applied to 10.3 million workers, of whom 2.4 million are not vaccinated.
Another key measure on the ice
In the wake of another decision by an appeal court, the Biden administration had to suspend two weeks ago the application of the vaccination obligation in companies employing more than 100 people, also criticized by the Republican camp.
When unveiling in September his new plan to fight the pandemic, which included these two flagship measures put on hold, Joe Biden had shown signs of impatience with Americans reluctant to vaccination.
What makes it incredibly frustrating is that we have the tools to fight COVID-19, and that a minority of Americans, supported by a minority of elected officials, is preventing us from getting out of this situation., he lamented.
After the announcement, Republican governors immediately got on the war footing and promised legal challenges.
Over the past year, several Republican states have passed decrees preventing entities such as cities or schools from making it mandatory to wear masks and administer vaccines.
According to the most recent data from the Centers for Disease Control and Prevention (CDC), 71.1% of the US population over the age of 18 is adequately immunized.