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One warrant Joe Biden Vax down, 3 to go

Federal judge overturned one of President Joe Biden’s four terms on the COVID vaccine, ruling it violates federal law to force healthcare providers to fire doctors and nurses who oppose vaccination . One less mandate, three to do.

The Centers for Medicare and Medicaid Services (CMS) has issued a mandate that any healthcare provider receiving money from its programs must require COVID-19 vaccinations of their employees and fire any healthcare workers who fail to do so. not vaccinate. CMS is part of the US Department of Health and Human Services (HHS), headed by Secretary Xavier Becerra.

But Missouri Attorney General Eric Schmitt led a coalition of states to file a legal challenge against that vaccine warrant. On Monday, Judge Matthew Schelp of the U.S. District Court for the Eastern District of Missouri agreed with Schmidt and his fellow attorneys general that Biden’s tenure is illegal. The judge issued a preliminary injunction immediately blocking this warrant.

Government mandates come in all shapes and sizes. The Constitution entrusts certain matters to the federal government and attributes others to the states. And in our limited form of government, there are many areas of life where government has no business, leaving people free and markets free to make their own decisions.

As vaccines could be government mandated, there are two things to keep in mind. The first thing is that the Constitution is the supreme law of the land, so any such mandate is subject to constitutional guarantees of religious freedom, due process, and other individual rights.

The second thing is that state governments have primary responsibility for vaccines. States have “policing power,” which includes the power to legislate for public health, public safety, personal responsibility, and general social welfare.

Protesters rally against vaccination warrants on November 20, 2021 in New York City. A U.S. circuit court has granted an emergency stay to temporarily stop the Biden administration’s vaccine requirement for companies with 100 or more workers. (Stéphanie Keith / Getty Images)

The federal government has no police powers and is limited to the powers conferred on it by the Constitution. But the Constitution does not have a clause on vaccines, nor even a general public health clause.

Justice Schelp instructed the Biden administration on all of this, but didn’t even fit into those constitutional provisions because the health care vaccine mandate had another constitutional flaw: It violated the separation of powers because that Congress has never passed a law attempting to give the executive the power to impose COVID vaccines, so it doesn’t matter whether such a law ever survives a constitutional challenge.

Instead, the health care vaccination mandate was just an agency rulebook, a rule that CMS issued pursuant to Biden’s decision.

But a cardinal principle of our constitutional system is that each agency of the executive branch of Article II is created by Congress of Article I and has only the powers conferred on it by Congress. An agency’s regulations must be authorized by the laws of Congress and must meet any procedures required by Congress before those regulations have legal authority over U.S. citizens and businesses.

This is where Justice Schelp found the mandate for health vaccines was missing.

First, the court ruled that the federal law that CMS relied on for its authority did not grant such power. It was just a simple provision saying the HHS secretary had the power to make rules for administering Medicare and Medicaid, and the judge cited Supreme Court cases that Congress needed to speak clearly if it intended to give an agency the power to decide affairs. of major economic or political importance.

Congress must also speak clearly if it wishes to change the balance between federal and state governments. And Congress must also speak clearly if it is to push the limits of its constitutional authority.

For all of these reasons, the judge found the Biden administration’s argument insufficient because Congress never made a clear statement on any of these fronts.

Second, the court ruled that even though Congress had conferred such broad power, and even if such a subsidy was constitutionally authorized, that CMS had failed to follow the law that requires CMS to give public notice and then give to the private sector the time to submit comments, concerns and objections.

CMS claimed that the health care vaccination mandate was covered by a narrow emergency exemption from the notice and comment requirement, but the court rejected that argument. A legal precedent holds that CMS’s failure to provide notice and comment is fatal to any regulation published without it.

Now that trial judge’s decision will go to the United States Court of Appeals for the Eighth Circuit, one of the most conservative appellate courts in the country, thanks to President Donald Trump. The prospects are excellent that the Court of Appeal confirms this judgment and that the Supreme Court in turn confirms this revision.

In other words, Biden’s first vaccine term is dead. But there are three left.

The first is Biden’s executive order forcing all federal employees to be vaccinated. This is already contested in some courts, others are planned.

Second, Biden’s executive order requires all federal contractors to be vaccinated. It’s illegal for some of the same reasons, plus additional reasons. For this mandate too, challenges are underway and others are to come.

And finally, Biden’s OSHA mandate, requiring all employers with more than 100 employees to vaccinate their workers. The Fifth Circuit federal appeals court has previously blocked that mandate nationwide, and now the Sixth Circuit court has consolidated all challenges to OSHA’s mandate across the country under its jurisdiction for a final decision.

Freedom is therefore on the march for questions of conscience and personal freedom. Presidents don’t make laws in this country. Congress makes laws. And everyone in government must follow the Constitution.

Biden has already learned this for one of his illegal tenures, and he will learn that lesson three more times in the coming months.

Ken Blackwell is Senior Advisor to the Family Research Council and a Board Member of the American Constitutional Rights Union (ACRU). Lori Roman is president of the ACRU.

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