Another of Joe Biden’s COVID-19 vaccine mandates was set back this week as the Eight Circuit Court of Appeals turned down the administration’s request for an emergency appeal. The court ruled on Monday that the ruling of the U.S. District Court for the Eastern District of Missouri from November blocking the mandate for all health care workers shall remain in effect pending the final appeal of the case.
Biden directed the Centers for Medicare and Medicaid Services (CMS) to issue a mandate in November that was designed to compel millions of American medical professionals to prove they had been vaccinated or were terminated from their employment. The order covered all medical facilities that participate in Medicare or Medicaid.
The earlier ruling issued by U.S. District Judge Matthew T. Schlep stopped the mandate, describing it as a likely unlawful regulation. He wrote that CMS sought to interject the federal government into an area of state governmental authority. The order added that Congress had not authorized CMS to enact a regulation of the type ordered by Biden regarding the vaccination status of employees of private providers.
Judge Schlep also noted that delay by CMS in issuing the order worked against its argument that there was a COVID vaccine emergency requiring action.
The Biden Administration asked the Eighth Circuit Court of Appeals to enter an emergency order lifting the stay put in place by the district court while the government’s appeal is pending. The Eighth Circuit denied the motion in a one-page order without additional comment, leaving the injunction against CMS in place.
The judges sitting on the Eighth Circuit Court of Appeals have many judges appointed by Republican presidents. Four of the judges on the panel were appointed by President Donald Trump.
Other cases involving the Biden vaccine mandate for all private employers of 100 or more workers are currently pending in federal appeals courts.