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A federal judge in Louisiana blocked Democrat President Joe Biden's vaccine mandate for health care workers on Tuesday, issuing a nationwide injunction on Biden's order.
The Daily Advertiser reported:
Louisiana Western District U.S. Judge Terry Doughty's decision follows an identical ruling Monday from Missouri U.S. District Judge Matthew Schelp, but Schelp's decision only covered 10 states.
Doughty ruled on the lawsuit led by Republican Louisiana Attorney General Jeff Landry and joined by 13 other states, but Doughty added a nationwide injunction in his ruling.
"If the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property - the power to make rules, to enforce them, and to judge their violations - could never fall into the same hands,"
Doughty wrote. "If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands. If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency."
"During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties. Because the Plaintiff States have satisfied all four elements required for a preliminary injunction to issue, this Court has determined that a preliminary injunction should issue against the Government Defendants,"
Doughty continued. "This matter will ultimately be decided by a higher court than this one. However, it is important to preserve the status quo in this case. The liberty interests of the unvaccinated requires nothing less."
Doughty said that a nationwide injunction was needed because the CMS Mandate was nationwide and "uniformity"
needed to be maintained.
"Therefore, the scope of this injunction will be nationwide, except for the states of Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, South Dakota, since these ten states are already under a preliminary injunction order dated November 29, 2021, out of the Eastern District of Missouri,"
Doughty said. "This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court."
Louisiana Attorney General Jeff Landry praised the ruling and slammed Biden for "villainiz[ing] our healthcare heroes with his 'jab or job' edicts."
"While our fight is far from over, I am pleased the Court granted preliminary relief against the President's unconstitutional and immoral attack on not only our healthcare workers but also the access to healthcare services for our poor and elderly,"
Landry said. "I will see this case through to the end - fighting every step of the way to prevent the federal government from imposing medical tyranny on our citizens and turning last year's healthcare heroes into this year's unemployed."
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