Appeals Court Reinstates CMS Vaccine Mandate in 26 States

The Fifth Circuit of the U. S. Court of Appeals has removed in twenty-six states the injunction preventing a federal COVID-19 vaccine mandate from taking effect. The court ruled that the judge who imposed the stay did not have the authority to halt the mandates nationwide, but only in the fourteen states that sued.

U.S. District Court Judge Terry Doughty in Louisiana on Nov. 30 ordered a preliminary injunction to stop the implementation of the U.S. Centers for Medicare & Medicaid Services (CMS) vaccine requirement for health care workers. A preliminary injunction is a temporary measure to maintain the status quo until the outcome of a case is decided.

“Principles of judicial restraint control here …” Fifth Circuit Appellate Judges Leslie Southwick, James Graves and Gregg Costa wrote in their decision. “The district court here gave little justification for issuing an injunction outside the 14 States that brought this suit.”

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