The federal vaccine mandate for health care workers cannot be enforced in Missouri — or in the nine other states that joined the lawsuit — for now, a federal judge said Monday. 

Judge Matthew Schelp of the Eastern District of Missouri issued a preliminary injunction blocking the Biden administration from enforcing its COVID-19 vaccine mandate for health care workers under the Centers for Medicare and Medicaid Services (CMS) umbrella. 

Schelp, a University of Missouri alumnus who was appointed to his position by former President Donald Trump in 2019, said the CMS mandate needs congressional approval and would be “overwhelming” in terms of cost. 

“[T]he political significance of a mandatory coronavirus vaccine is hard to understate, especially when forced by the heavy hand of the federal government,” Schelp said in the order. “Indeed, it would be difficult to identify many other issues that currently have more political significance at this time.” 

“Truly, the impact of this mandate reaches far beyond COVID. CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans,” he continued in the order. “Such action challenges traditional notions of federalism.” 

Alaska, Arkansas, Iowa, Kansas, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming fall under the injunction along with Missouri. 

The Biden administration unveiled two heavily expected COVID-19 vaccination requirements earlier this month. One required employers with at least 100 workers to ensure they are fully vaccinated against COVID-19 or submit to weekly tests by Jan. 4. 

The CMS rule required all health care workers, clinical and non-clinical, under Medicare and Medicaid programs to be fully vaccinated against COVID-19 by Jan. 4. Exemptions would be permitted for people with a medical or religious excuse, a senior administration official had said. 

Both rules would cover about two-thirds of the workforce in the country, according to the White House. 

Missouri Attorney General Eric Schmitt, who is running for U.S. Senate, led the lawsuit earlier this month. 

“This is a huge victory for health care workers in Missouri and across the country, including rural hospitals who were facing near-certain collapse due to this mandate,” Schmitt said in a statement. “While today’s ruling is a victory, there’s more work to be done, and I will keep fighting to push back on this unprecedented federal overreach.” 

Speaking to reporters from St. Louis Monday afternoon, Schmitt said the order was “significant” for health care facilities, particularly in rural areas, that had concerns the vaccine mandate could lead to even greater staffing shortages and potential closures.

Aside from a lack of congressional approval, Schelp’s order said CMS did not properly consider alternatives to a mandate. It also said while CMS might have “evidence” showing a vaccine mandate for long-term care facility workers, it failed to demonstrate the need for other health facilities under its umbrella or adjust for risk factors or patient contact. 

“This injunction is rooted in misinformation and the political aspirations of some elected officials rather than in responsible public health policy,” said SEIU Healthcare Missouri State Director Lenny Jones. “Vaccine mandates are an opportunity for employers and workers to come together to provide education, listen to workers’ concerns, and address safety issues in facilities.”

Schmitt has already sued to block the federal vaccination requirements for large companies and federal contractors and employees.

https://themissouritimes.com/vaccine-mandate-for-health-care-workers-halted-in-missouri-for-now-judge-rules/