Biden Mandates Are Being Pummeled By The Courts

Yesterday we reported that the Biden mandate requiring every health care provider that takes Medicare or Medicaid to fire their unvaccinated employees – causing staff shortages – was enjoined in 10 states. Now in a separate case the mandates have been challenged nationally.

Judge Terry Doughty in the Western District of Louisiana issued the national injunction in a case brought by Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, and West Virginia and led by Louisiana AG Jeff Landry.

Full decision: https://storage.courtlistener.com/recap/gov.uscourts.lawd.185837/gov.uscourts.lawd.185837.28.0.pdf

Separately, the federal contractor mandate that purports to require every company that has a contract (or subcontract) with the federal government to fire or discipline its unvaccinated employees – including thousands in mission-critical national security roles – was enjoined by Judge Gregory Van Tanenhove in the Eastern District of Kentucky. He limited his injunction to the plaintiff states of Kentucky, Ohio, and Tennessee.

Full decision: https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/Fed-Contractor-Opinion.aspx

With more lawsuits and an administration in retreat this could need updating by the time you read it, but our understanding of the current status of Biden’s five mandates is:

        • OSHA – stayed nationally
        • CMS – enjoined nationally
        • Contractor – enjoined only in Kentucky, Ohio, and Tennessee
        • Military – Army/Navy/Marines will not discharge but will bar from reenlistment, promotions
        • Government employees – new memo said you’re not fired until next year

Progress!

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