ATLANTA (CBS46) – Governor Brian P. Kemp, Attorney General Chris Carr and the state of Georgia have filed a lawsuit against the Biden government’s vaccination mandate for healthcare workers, according to a press release. The Emergency Ordinance, issued by the Centers for Medicare and Medicaid Services (CMS) on November 5, 2021, mandates a full COVID-19 vaccination for all eligible health care workers who attend Medicare and Medicaid Services by January 4 Participate in Medicaid programs. 2022.
“After health care heroes went above and beyond to keep Americans safe and healthy during the COVID-19 pandemic, Joe Biden is now at risk of livelihood if they refuse COVID-19 vaccination,” said Governor Kemp. “Another illegal mandate from this government will only exacerbate labor shortages in a critical needs area as we continue to balance the daily health needs of hardworking Georgians with the fight against COVID-19. We will continue to fight this repeated, unconstitutional transgression by Joe Biden and his administration in court. “
“President Biden’s ruthless ‘one-size-fits-most’ approach to government continues to create immense disruption and uncertainty for Georgia businesses and employees,” said Attorney General Carr. “With this latest unconstitutional mandate, the Biden government is targeting a health community already suffering the effects of a global health pandemic. Healthcare providers in Georgia, especially in our rural areas, cannot afford to lose workforce or reduce care. ”We will continue to advocate the rule of law and defend ourselves against this blanket mandate as we stand up to protect the citizens of that state insert.”
Plaintiffs are asking the court to prohibit the US Department of Health and CMS from enforcing the mandate against anyone working in Medicare and Medicaid certified facilities. The lawsuit alleges that the vaccination mandate is illegal and unconstitutional for many reasons.
The mandate according to the governorship:
• Exceeds the legal powers of CMS under the Social Insurance Act;
• involves an unlawful attempt to supervise or control the practice of medicine in violation of 42 USC §1395;
• was issued without a legally required public notice and opinion;
• Violates the Congressional Review Act;
• is arbitrary and capricious;
• Was issued in violation of 42 USC §1395z without consulting appropriate state and local authorities;
• Violates 42 USC §1302, which requires a public notice and comment for any new regulation that will have a significant impact on rural hospitals;
• Violates the spending clause in that receiving federal funds is unconstitutional;
• Violates anti-commanding doctrine by instructing state officials to use federal law; and
• Violates the 10th Amendment because the federal government has no power to prescribe vaccines.
Georgia has joined the states of Louisiana, Montana, Arizona, Alabama, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, and West Virginia to file the lawsuit in the US District Court for the Western District of Louisiana (Monroe Division).
