Breaking: Court issues injunction on forced vaccines for healthcare workers

51
565

Today, following a lawsuit from Missouri Attorney General Eric Schmitt and 10 other states, the United States District Court, Eastern District of Missouri, issued a preliminary injunction, halting the Joe Biden Administration from enforcing its Covid vaccine mandate on healthcare workers in the states that sued.

Those states include Alaska, which joined the lawsuit as it was filed on Nov. 10.

“Earlier today, the United States District Court, Eastern District of Missouri, issued a preliminary injunction halting the Biden Administration from enforcing its vaccine mandate on healthcare workers. This is 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,” Schmitt said in a statement. “While today’s ruling is a victory, there’s more work to be done, and I will keep fighting to push back on this unprecedented federal overreach.”

This is a stay on the enforcement of the mandate, as the 6th Circuit Court of Appeals determines the merits of lawsuits over the mandate’s actual legality.

The stay means hospitals and medical centers cannot demand healthcare workers be fully vaccinated for Covid or lose their jobs. At least not by using the Biden mandate as the reason. Hospitals and medical centers can still act on their own, and most in Alaska do require a vaccine to continue employment.

The mandate that has been put on hold required nearly every employee, volunteer, and third-party contractor working  at 15 categories of healthcare facilities to be vaccinated with at least one shot against Covid-19 by Dec. 6.

Read the injunction against the Centers for Medicare and Medicaid (CMS):

51 COMMENTS

  1. Finally.
    Betcha the Murkowski, Sullivan and Dean of House Young will take some glory in this. I wonder if any have introduced any legislation that protects our Freedom and Liberty from this bureaucratic tyranny.
    I reckon we all need to lean hard into this trio to get them pushing not for special interests but for us, the Alaskan constituency. Might as well lean into Micciche, Bishop, Hopkins and the rest to ensure at the State level this tyranny will not be accepted.

  2. Curious whether the Court will take any steps to force employers who have already fired people over vaccine mandates to re-hire or compensate those they have fired.

    • Good question, Dee! I wonder about the same things myself.
      .
      I’ve learned to not expect much support for liberty from our deeply compromised and corrupt judicial system, so I am pleasantly surprised by this ruling. Of course, if and as it moves higher up, we can only expect the usual defense and support of the establishment power structure, and its innumerable freedom-destroying mandates and laws, to be the final result.

    • The Courts ruling is narrow and limited to Biden mandates. As the article states, private employers who have other reasons are not impacted.

    • Doubtful. Employers can require many things as a condition of employment. Healthcare facilities of all kinds require many vaccines already. Some employers require drug tests or nicotine tests. Some require a clean driving record. Those are just a few requirements employers have.

      • Actually, a number of the items you mention are required by federal law, not employers. The difference is that those requirements have a rational basis and are narrowly tailored to achieve a specific objective. The rational for the vaccine mandate is fuzzy and there is no new legislation to support it. Absent some threat from the feds, I suspect most employers will not undertake specific vaccine requirements on their own.

        • I would like to add that federal law complies with the ADA and generally provides allowable exemptions. This mandate in its essence does not give any consideration to those, who already had the disease, those who have a legitimate medical reason to abstain or those whose religious belief stands in conflict. To my knowledge there are lawsuits against employers, who categorically denied every exemption request.

    • so now what Mat Su Regional….? you still going to implement your vacc mandate to keep fattening your pockets with medicaid/medicare payments. I’m sure they will find a work around. a shame right here in the valley of the free.

  3. It is obvious that the establishment is not happy with how their covid scam was playing out with Delta, they had to release a “new” variant called Omicron.
    “Yeah, that will scare them into submission.”

    I remain unmoved in my decision to inject chems into my body.

    Thanks for playing though.

  4. This is wonderful news!!!!! Thanks Suzanne for staying in front of this. My wife, RN, works at one of these hospitals that is forcing vaccinations and she has been distraught because she was not going to get these “vaccines” to perpetuate governmental overreach. Thanks for being a voice for freedom, liberty and common sense.

      • Once employed you have a contract that spells out the expectations and conditions for both employer and employee. I do not know if health care employees are unionized these days but to unilaterally change a contract, after an employee has worked there some time, seems to require some negotiation. As an aside, it was my understanding that the temporary replacement people from the lower 48 were NOT required to be vaccinated. Seems kind of like a slap in the face, if you ask me.

        • I don’t know about all the healthcare facilities policies on the temp workers but the company I work for required them to be vaccinated as well. Usually at a hospital, at least in AK, only the RN’s are unionized. The union agreed to it.

        • Alaskan Supreme Court has ruled in the past that, in the absence of a written contract, the employer’s policy will serve as an employment contract.

      • The point is they are forced to vaccinate to work. Yes, you don’t have to work there… you can always live on the streets homeless and not get vaccinated. When everyone in your career field is forced to vaccinate, if you don’t you just lost your career. No big deal right….. Beans Cafe will always take them so they should just chill out.

        • You could also work at healthcare offices and several Dr. owned places that don’t require vaccines or you could change your profession to something that doesn’t have requirements you don’t like.

          • Painted Pony, that may work for a very few, if they are willing to take the pay cut…until all those jobs are full. For the highly trained specialists all hospitals rely on, those jobs do not exist at the places you mentioned. How about the anesthesiologist in Houston that was fired for refusing the shot? The dietician, nuclear medicine tech? Have you ever heard of Immunohematology? Those are the people who perform the complex serological testing of your blood to insure that transfusion doesn’t kill you. Also, I have worked with atomic absorption spectrometers, gas chromatographs, and many more specialized instruments, but never in a doctor’s office. Stop and think!

          • PP, you show very little compassion for individuals, who have made it their life’s work to help others. These are moms, dads, sisters and brothers, who all of a sudden, after giving it all for months, are cast aside, simply because their thoughtful choices are inconvenient. There is really no science behind this “vax or else” edict. “Covid Vaccines” still let you get and spread covid to your patients and vaccinated people are still dying from the disease. We really have not gained anything other than a cruel loyalty test, that denies realities. I pray that in the future you will not be faced with a similar choice and hope that your colleagues will come to your defense and aid.

  5. This won’t make the defacto Governor Anne Zink happy! How did Alaska get in this law suit without her permission?

  6. “The stay means hospitals and medical centers cannot demand healthcare workers be fully vaccinated for Covid or lose their jobs. At least not by using the Biden mandate as the reason. Hospitals and medical centers can still act on their own, and most in Alaska do require a vaccine to continue employment.”
    And there’s the sticky part; Hospitals and medical centers can still act on their own. So far, the larger Alaska hospitals have chosen this on their own prior to the Biden mandate, except for Mat Su Regional. Not sure what their “motivation” is. What we need is the State to protect workers from their employers mandates. Not sure this is legally possible but can’t hurt to wish for it.

    • JC,
      We as American Citizens are protected by our God given Freedom.
      .
      Title VII Civil Rights Act 1964 is our protection against these tyrannical lead hospitals (or any employer) who’s required their personnel to get the jab or it may lead to termination. That in itself is just is in violation of our Civil Rights & Nuremberg Code 1947
      .
      Thehealthyamerican.org is a great source to gain much. Click on the Religious Exemption link to read up/watch what is available to push back against tyranny.

    • JC, their motivation is money. Many years ago, CMS implemented a scheme to reimburse hospitals at different rates for the same procedure based on CMS’s quality score of that hospital. They are simply using the hospital’s employee vaccination rate as one of the scores of that hospital’s quality, thereby affecting the rate of reimbursement.

    • Florida and Texas Governors both implemented legislation/laws that make it illegal for businesses in their states to force a covid vaccine to remain employed. Dunleavy needs to do the same thing. The big difference between them and Alaska is those states actually have a republican based legislature and Alaska’s legislature is a hot mess of RINO’s, Democrats, and a few true Republicans

  7. Amazing as it seems, our Republic may ultimately be saved from tyranny and socialism by the United States Supreme Court. And the best part may be that the Left knows the Court could do it.

  8. The interesting thing is the people claiming to be conservative who are demanding government step in to protect their job as if they have a constitutional right to it. Some here who espouse this view have been extremely vocal that government should do their bidding while not doing the bidding of others. Anyone who believes in conservative values knows that a bigger government is a worse government and making rights out of whole cloth goes against conservative values.
    .
    Private employers have the right to demand their employees do certain things, in the healthcare industry being vaccinated is one of those things. The Federal Government does not have the constitutional authority to enforce this mandate or the 100 employee mandate, the others are questionable and are also under court review.

    • Those same “conservatives” remind us all that Alaska is a an at-will employment state. They loved Dunleavy firing anyone refused a loyalty pledge, even non-political career positions. Now those same “conservatives” want to pretend Alaska is a protected employment state, but only for their fellow “conservatives” who think science is a hobby and researching amounts to jotting down ideas that escaped the vaccum between their ears.

      • I’m surprised that Steve-O hasn’t mentioned a reply to this argument, since he has repeatedly gone on the record as an expert in AK’s ability to fire anyone for any reason. Heheh!

    • Sure, like some employers used to demand their employees have sex with them as a condition of employment. Then the big bad government stepped in and made it illegal. Those silly employees and their constitutional rights.

  9. This was great news to receive yesterday. Does the BOD or executive level personnel who work for these hospitals realize they are in violation of the Title VII Civil Right Act 1964?
    .
    Their policy isn’t law. A mandate is not law. An executive order is not law.
    .
    Thehealthyamerican.org is a great source to gain much of your Civil Rights and to push back.
    .
    Patriots, keep pushing back! Stay strong. Hold the line.

    • Wow, nothing seems more credible than a supposedly health conscious website dedicated to selling fake religious exemptions for vaccines. Did you get paid to plug that website on here? I hope you get a few nickels sent your way, to make up for the embarrassment you suffered.

      • If it were not for the grossly authoritarian usurpations of our fundamental rights by a rogue, illegitimate and out-of-control federal government that you so rabidly support, John, there would be no need for anyone to resort to such measures to try to maintain their freedoms, right to work and independence.

      • Seymour,

        Please don’t say more that shows your stiff neck & incompetence.

        May the God I know bless you beyond measure.

    • Johnson,

      Any lawyers out, here in Alaska who would do that for those who are standing up for their God given rights? Title VII Civil Rights Act 1964 is certainly in violation as we speak!

    • Actually, that should also include a class action by patients (or their relatives if deceased) against pharmacists (including hospital based) who refused to fill a legally written prescription for a FDA approved medication and patients suffered a cytokine storm as a result. One could argue that these pharmacists practiced medicine without a license. Include the state’s pharmacy board if it turns out that they gave guidance along those lines.

  10. I, myself, am not looking forward to a day when I may need to go to hospital.
    .
    Instead of being a ‘care’ facility – due to the division this shot issue has caused internally, there will be unequal care from nurses and dr.’s. Yes, there actually is unbalanced treatment and care regiment’s’, most politically motivated to this new patient identifier. Add to that vulnerability, the new fight for the right to have a patient advocate present. Crazy town.
    .
    Question: How long have the staff of hospital (lauded first responders) been working on sick and infectious patients without the required Covid shot? This new kick ’em to the curb mentality, if not shot up with the ineffective vac, suddenly makes a difference? Crazy town.
    .
    To divide or not to divide – that is the obvious point.
    .
    Hospitals and clinics have a right to choose their path. Bidens ‘mandate threat’ was published with a future implementation date in order to initiate the choice actions. And brother, did they quickly line up ready for the expected ‘go’ signal, willing to jump the gun in order to secure the $$ prize of pre compliance to an order that was yet to come. Crazy town lemmings.
    .
    Example: I went to a speciality care clinic for an issue (not covid, weirdly need to clarify this nowadays). As part of the intake, I was verbally asked from the desk clerk if I was vac’d. I looked at my inner arm, saw no tattoo identifier (as yet) and stubbornly refuse to be identified one way or the other.
    Result: A PA was assigned to me. We had a conversation about vac’s since we now explain why or why not we choose this path. I explained my reasons not to declare – he explained that he had a family member who is immunocompromised and that is why he chose to be vac’d. He then informed me that I was assigned to his care because their MD’s refuse to see non vac’d patients.
    Nice choice MD’s – both ways.
    .
    Buyer beware. Yes, as far as I know, there still exists people who pay a great deal for healthcare through our pockets and with our insurance. Insurance which we pay for, even medicare requires out of pocket $$ – (it ain’t free folks). Hospitals and clinicians depend on we the people for their ‘bottom line’. Shouldn’t that dictate our importance in this dollar grab healthcare world? (forget about it, I know the answer)
    .
    Healthcare Crazy town.

Comments are closed.