Another Trump Appointed Judge Halts Vaccine Mandate for Healthcare Workers

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The legacy of former President Donald Trump is alive and well through his appointments of conservative federal judges who are abiding by the Constitution, temporarily halting Biden’s overreaching vaccine mandates.

On Monday, Missouri-based U.S. District Judge Matthew Schelp, granted an injunction on Biden’s unconstitutional vaccine mandates targeting essential healthcare workers in 10 states.

The temporary court ordered injunction applies to Medicare and Medicaid-certified medical staff in North Dakota, South Dakota, Nebraska, Wyoming, New Hampshire, Missouri, Kansas, Iowa, Alaska, and Arkansas.

The injunction halts Biden’s vaccine mandate targeting healthcare workers associated with the two largest federal healthcare providers in the country, the Centers for Medicare and Medicaid Services (CMS).

Under Biden’s mandate, healthcare employees, trainees, students, volunteers, or contractors who provide any care, treatment, or other services, must be fully vaccinated against COVID-19 or lose their jobs. The mandate applies to 15 categories of healthcare facilities.

Judge Schelp (a Trump appointee), decided in his 32-page preliminary injunction report that the detrimental effect of losing qualified healthcare workers due to the mandate far outweighed the need for healthcare workers to be vaccinated.

CMS mandate raises substantial questions of law and fact that must be determined, as discussed throughout this opinion. Because it is evident CMS significantly understates the burden that its mandate would impose on the ability of healthcare facilities to provide proper care, and thus, save lives, the public has an interest in maintaining the ‘status quo’ while the merits of the case are determined,” he wrote.

Schelp also called into question CMS’s ability to enforce a mandate that was likely unlawful, explaining that Congress had yet to weigh in on whether vaccine mandates, like the one imposed by Biden, are legit.

Congress did not clearly authorize CMS to enact this politically and economically vast, federalism-altering, and boundary-pushing mandate, which Supreme Court precedent requires,” wrote Schelp.

The mandate is likely an unlawful promulgation of regulations,” said Schelp, explaining how CMS has also violated the Administrative Procedure Act (APA) and the Social Security Act that ordinarily requires notice and a comment period before a rule goes into effect.

The judge also took issue with how the Biden administration cherry-picks the science, choosing to promote vaccines while ignoring natural immunity altogether, which by almost every medical standard provides a higher and longer degree of immunity.

Schelp surmised, “CMS rejected mandate alternatives in those with natural immunity by a previous coronavirus infection.”

Moreover, according the New England Journal of Medicine, a recent study of individuals who contracted COVID-19 and recovered showed little to no risk of re-infection.

Judge Schelp emphasized that Biden’s vaccine mandate poses a greater risk to healthcare facilities across America by losing qualified healthcare workers who refuse to take the vaccine, which could result in facilities being forced to close altogether. There are currently over 30% of healthcare workers refusing to get vaccinated, according to a recent survey from the CDC.

Judge Schelp concluded his report stating; “If the mandate goes into effect, it will irreparably harm patients by impeding access to care for the elderly and for persons who cannot afford it, directly contrary to Medicare and Medicaid’s core objective of providing proper care.”

Adding; “In sum, Plaintiffs’ evidence shows that facilities, rural facilities in particular, likely would face crisis standards of care or will have no choice but to close to new patients or close altogether.”

This story syndicated with permission from My Patriot Post

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