Courts block two Biden COVID vaccine mandates for workers

The Biden administration was blocked on Tuesday from enforcing two vaccine mandates requiring millions of American workers to get vaccinated against COVID-19, a key part of its strategy for controlling the spread of the coronavirus.

U.S. District Judge Terry Doughty in Monroe, Louisiana, temporarily blocked the Centers for Medicare & Medicaid Services (CMS) from enforcing its vaccine mandate for healthcare workers until the court can resolve legal challenges.

Doughty’s ruling applied nationwide, except in 10 states where the CMS was already prevented from enforcing the rule due to a prior order from a federal judge in St. Louis.

Doughty said the CMS lacked the authority to issue a vaccine mandate that would require more than 2 million unvaccinated healthcare workers to get a coronavirus shot.

U.S. President Joe Biden delivers remarks on the authorization of the coronavirus disease (COVID-19) vaccine for kids ages 5 to 11, during a speech in the Eisenhower Executive Office Building’s South Court Auditorium at the White House in Washington, U.S., November 3, 2021. REUTERS/Evelyn Hockstein

“There is no question that mandating a vaccine to 10.3 million healthcare workers is something that should be done by Congress, not a government agency,” wrote Doughty.

Separately, U.S. District Judge Gregory Van Tatenhove in Frankfort, Kentucky, blocked the administration from enforcing a regulation that new government contracts must include clauses requiring that contractors’ employees get vaccinated.

The contractor ruling applied in the three states that had filed the lawsuit, Kentucky, Ohio and Tennessee, one of at least 13 legal challenges nationwide against the regulation. It appears to be the first ruling against the contractor vaccine mandate.

The White House declined to comment.

The legal setbacks for President Joe Biden’s vaccine policy come as concerns that the Omicron coronavirus variant could trigger a new wave of infections and curtail travel and economic activity across the globe.

Biden unveiled regulations in September to increase the U.S. adult vaccination rate beyond the current 71% as a way of fighting the pandemic, which has killed more than 750,000 Americans and weighed on the economy.

Republican state attorneys general, conservative groups and trade organizations have sued to stop the regulations.

Tuesday’s rulings add to a string of court losses for the Biden administration over its COVID-19 policies.

The most sweeping regulation, a workplace vaccine-or-testing mandate for businesses with at least 100 employees, was temporarily blocked by a federal appeals court in early November.

In August, the U.S. Supreme Court ended the administration’s pandemic-related federal moratorium on residential evictions.

(Reporting by Tom Hals in Wilmington, Delaware; Additional reporting by Nandita Bose in Washington; Editing by Jonathan Oatis and Peter Cooney)