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The State of Missouri, along with 9 other states, including Iowa, has filed another suit against President Biden, asking for a temporary injunction stopping the President’s vaccine mandate for Medicare and Medicaid providers and suppliers.

A Federal District Court judge, in Missouri, has issued the injunction. The Court ruled that Congress has not granted the Centers for Medicare and Medicaid Services, (CMS) the authority to issue the vaccine mandate. The Court ruled that it has jurisdiction over the case, and the Plaintiffs are likely to succeed on the merits of the case, thus justifying the temporary injunction.

Additionally, the Court went on to say: “Because this mandate significantly alters the balance between federal and state power, only a clear authorization from Congress would empower CMS.”

“In the absence of a clear indication that Congress intended for CMS to invoke such significant authority, the Court will not infer congressional intent.”

The Court even says that “Whether Congress itself could impose the vaccination requirement is a tough question.”

The judge also points out that the CMS’ delay in trying to implement the mandate undermines its claim of an emergency.  CMC issued the Rule on November 5. It ordered that it go into effect December 6.

Author: Julian Garrett


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