Judge Tosses Texas Suit to Block CMS Vaccine Mandate

Posted Monday, January 24, 2022

The CMS emergency rule on COVID-19 vaccines for health care providers as a federal judge has dismissed the last pending lawsuit challenging the mandate, brought by the State of Texas. The mandate is now enforceable in all 50 states.

Texas filed suit in December against HHS   Secretary Xavier Becerra to block the requirement. This separate case was not among those the Supreme Court heard last week, when it upheld the CMS rule and shot down the mandate from the U.S. Occupational Safety & Health Administration.

“Of course the vaccine mandate goes further than what the [Secretary of Health & Human Services] has done in the past to implement infection control. But he has never had to address an infection problem of this scale and scope before,” the Supreme Court justices wrote in their CMS decision. “In any event, there can be no doubt that addressing infection problems in Medicare and Medicaid facilities is what he does.”

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