States renew their request to the United States Supreme Court to block the mandate to vaccinate health care workers

Attorneys general from nine states on Thursday renewed their request for the U.S. Supreme Court to review the legality of the Biden administration’s vaccination mandate for healthcare workers, which they say is disrupting healthcare workers , especially in small rural communities.

“After the agency imposed a 90-day deadline, the mandate took full effect on April 15, 2022, and petitioning states are now experiencing its devastating consequences — especially on their small, rural and community health systems,” according to in court records.

Alaska, Arkansas, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming have filed petitions with the Eighth Circuit Court of Appeals. They asked the court to review the constitutionality of the federal vaccination mandate for health care workers and also questioned whether the Centers for Medicare & Medicaid Services followed the rulemaking process correctly.

In January, the Supreme Court said in a 5-4 ruling that a vaccine requirement for staff at all U.S. nursing homes and other federally funded health care facilities may continue. Kansas Attorney General Derek Schmidt said Friday that the January ruling “did not answer all of the statutory or constitutional questions presented in the states’ petition.”

CMS warned state investigative agencies in February that they must enforce all aspects of federal program health and safety requirements. The message targeted any state that “acts unilaterally to reduce or suspend investigation and certification activities.

In the renewed application, the attorneys general ask the court to consider whether the warrant violates the Administrative Procedure Act “because it was issued without notice or comment.” The petitioners also ask whether the warrant could be unconstitutional under the expenditure clause, the anti-requisition doctrine, and the 10th Amendment, which would make the warrant a matter of states’ rights. Additionally, states ask whether CMS exceeded its statutory authority in issuing the vaccine mandate.

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