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posted by martyb on Thursday December 02 2021, @03:35AM   Printer-friendly
from the liberty-or-death dept.

Judge blocks Biden vaccine rule, citing “liberty interests of the unvaccinated”

A federal judge yesterday blocked a Biden administration COVID-19 vaccine mandate for health care workers, granting a request for preliminary injunction filed by Republican attorneys general from 14 states.

US District Judge Terry Doughty ruled that the government lacks authority to implement the rule that "requires the staff of twenty-one types of Medicare and Medicaid healthcare providers to receive one vaccine by December 6, 2021, and to receive the second vaccine by January 4, 2022." Providers that don't comply face penalties, including "termination of the Medicare/Medicaid Provider Agreement."

The Centers for Medicare and Medicaid Services (CMS) mandate regulates over 10.3 million health care workers in the US, of which 2.4 million are unvaccinated. The Biden vaccine rule is being challenged by the attorneys general from Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio. The Republican AGs' lawsuit was filed against CMS and the US Department of Health and Human Services.

The preliminary injunction they won applies nationwide except for 10 states that "are already under a preliminary injunction order dated November 29, 2021, issued by the Eastern District of Missouri," a court order said. Those states are Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, and South Dakota.

What states did not participate in this lawsuit and were not covered by the earlier preliminary injunction — i.e. got swept into this decision?

California, Colorado, Connecticut, Delaware, District Of Columbia, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, and Wisconsin.


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  • (Score: 0, Redundant) by Runaway1956 on Thursday December 02 2021, @04:05AM (3 children)

    by Runaway1956 (2926) Subscriber Badge on Thursday December 02 2021, @04:05AM (#1201361) Journal

    Judicial activism? I don't see it. What I see, are a lot of people hyped up over the Wuhan flu, demanding that everyone get vaxxed, so they can feel better.

    Why are the poorest countries in Africa not all falling over dead? https://openknowledge.worldbank.org/bitstream/handle/10986/33844/COVID-19-Mortality-in-Rich-and-Poor-Countries-A-Tale-of-Two-Pandemics.pdf?sequence=5&isAllowed=y [worldbank.org]

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  • (Score: 3, Insightful) by Anonymous Coward on Thursday December 02 2021, @04:46AM (2 children)

    by Anonymous Coward on Thursday December 02 2021, @04:46AM (#1201375)

    That paper even explains why its own methods are dishonest: it's a data quality issue due to vastly more testing in richer countries. They explicitly decide to not use the excess deaths measure that others use to work around that, claiming that also has data quality issues but not anywhere near as bad as the numbers they are using.

    • (Score: 0, Insightful) by Anonymous Coward on Thursday December 02 2021, @05:05AM (1 child)

      by Anonymous Coward on Thursday December 02 2021, @05:05AM (#1201379)

      When you need "data quality" to NOTICE your "deadly pandemic", and STILL cannot understand why people do not believe you...

      In real epidemics, people SEE those excess deaths. They do NOT need a government propaganda machine to tell them horror stories day and night.
      Actually, in all real epidemics, governments were trying to CALM the people; the fearmongering in this one was the first sign of something very fishy, right then in spring 2020.

      • (Score: 1, Funny) by Anonymous Coward on Friday December 03 2021, @02:49AM

        by Anonymous Coward on Friday December 03 2021, @02:49AM (#1201720)

        Ah, we're back to this. It's not happening, because there aren't dead bodies lying outside of my doorstep.