Ten states filed a lawsuit against the Biden administration over its vaccinate mandate for health workers, CBS News reports.
The lawsuit, led by Missouri Attorney General Eric Schmitt and Nebraska Attorney General Doug Pederson, claims the requirement is unconstitutional and violates federal law.
The complaint argues that the vaccine requirement will worsen health worker shortages, especially in rural parts of the country, and threatens the jobs of "millions" of health workers.
"This case illustrates why the police power over compulsory vaccination has always been the province of — and still properly belongs to — the states," the lawsuit says. "Vaccination requirements are matters that depends on local factors and conditions. Whatever might make sense in New York City, St. Louis, or Omaha could be decidedly counterproductive and harmful in rural communities like Memphis, Missouri or McCook, Nebraska."
"Federalism allows states to tailor such matters in the best interests of their communities. The heavy hand of [Centers for Medicare and Medicaid Services'] nationwide mandate does not."
2.4 million workers affected:
Biden in September announced a requirement for health workers to get vaccinated by January 4.
A new rule from the Centers for Medicare and Medicaid issued last week says that health care workers at any facility that receives funding from Medicare and Medicaid must be fully vaccinated.
Unlike other mandates, the rule does not have the option to undergo regular testing instead of getting the vaccine.
The rule will apply to about 2.4 million workers next year.
Rural concerns:
The lawsuit raises concerns that the rule will have "devastating effects on health care services" in the states, particularly in rural areas.
The lawsuit asks the court to block the rule from being enacted.
"If the CMS vaccine mandate drives out enough employees from particular facilities, those facilities might be forced to close certain divisions, cancel certain services or shutter altogether," the lawsuit says.
Other states involved in the lawsuit include Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire.
