Many private sector employees will be required to get vaccinated or undergo weekly tests, while some 17 million health care providers at facilities participating in the federal Medicare and Medicaid health insurance programs must be vaccinated — with no option to choose weekly testing instead.
Under the requirement, health care workers were to be vaccinated by Jan. 4, 2022.
In his 32-page opinion granting a preliminary injunction while the lawsuit proceeds, Schelp wrote that the state attorneys general challenging the mandate appear likely to succeed in their argument that federal health officials lack the authority to implement the requirement.
He also agreed with claims from the plaintiffs that health care facilities will suffer staffing shortages due to the requirement.
“The public has an interest in stopping the spread of COVID. No one disputes that,” Schelp, who was nominated by President Donald Trump in 2019, wrote in the 32-page opinion. “But the court concludes that the public would suffer little, if any, harm from maintaining the ‘status quo’ through the litigation of this case.”
In a statement after the ruling, Missouri Attorney General Eric Schmitt described the injunction as “a huge victory for healthcare workers in Missouri and across the country, including rural hospitals who were facing near-certain collapse due to this mandate.”
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