that blocked the White House’s Covid-19 vaccine mandate for healthcare workers—which paused the order in only 10 states and not nationwide—the latest in a string of recent setbacks President Joe Biden’s vaccine orders have faced in court.
The court did not explain its decision, but noted one judge on the three-judge panel would have granted the motion. The order applies only to Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming, and is distinct from a separate courtU.S. District Judge Matthew T. Schelp in the Eastern District of MissouriNovember 29 the vaccine mandate was “arbitrary and capricious,” arguing it should be blocked because the Centers for Medicare and Medicaid Services did not have the authority to issue its vaccine mandate without congressional approval.
Schelp disputed the federal government’s argument that the mandate was an “emergency” rule that could be imposed without congressional approval, arguing the government’s delay in implementing the rule after vaccines first became available suggested it wasn’t an emergency.
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