White House says DOJ will defend government’s authority to promote vaccine requirement

By Nandita Bose

WASHINGTON (Reuters) -The White House said on Wednesday the U.S. Department of Justice “will vigorously defend” the government’s authority to promote its vaccine requirement in federal contracting after courts blocked the Biden administration from enforcing two vaccine mandates.

A U.S. District Judge in Louisiana on Tuesday temporarily blocked the Centers for Medicare & Medicaid Services (CMS) from enforcing its vaccine mandate for healthcare workers.

A U.S. District Judge in Kentucky blocked the administration from enforcing a regulation that new government contracts must include clauses requiring that contractors’ employees get vaccinated.

The legal setbacks, spurred by Republican state attorneys general, conservative groups and trade organizations that have sued to stop the regulations, added to a string of court losses for the Biden administration over its COVID-19 policies.

They also come amid concerns that the Omicron coronavirus variant could trigger a new wave of infections and curtail travel and economic activity around the world.

The administration’s most sweeping regulation – a workplace vaccine-or-testing mandate for businesses with at least 100 employees – was temporarily blocked by a federal appeals court in early November.

“We know vaccine requirements work…We are confident in the government’s authority to promote economy and efficiency in federal contracting through its vaccine requirement and the Department of Justice will vigorously defend it in court,” a White House spokesperson told Reuters on Wednesday.

On Wednesday, the Biden administration said a total of 92% of U.S. federal workers have received at least one dose of a COVID-19 vaccine.

President Joe Biden unveiled regulations in September to increase the U.S. adult vaccination rate beyond the current 71% as a way of fighting the pandemic, which has killed more than 750,000 Americans and has weighed on the economy.

Earlier this week, the White House told federal agencies they could delay punishing thousands of federal workers who failed to comply with a Nov. 22 COVID-19 vaccination deadline.

(Reporting by Nandita Bose in Washington; Editing by Andrew Heavens, Chizu Nomiyama and Mark Heinrich)

Judge blocks U.S. COVID-19 vaccine rule for health workers in 10 states

By Tom Hals

(Reuters) – A federal judge on Monday blocked in 10 states a Biden administration vaccine requirement, finding the agency that issued the rule mandating healthcare workers get vaccinated against the coronavirus likely exceeded its authority.

The ruling by U.S. District Judge Matthew Schelp in St. Louis prevents the U.S. Centers for Medicare and Medicaid Services (CMS) from enforcing its vaccine mandate for healthcare workers until the court can hear legal challenges brought by the 10 states.

The ruling is the second legal setback for the Biden Administration’s requirements aimed at increasing the use of vaccines to halt the COVID-19 pandemic. A federal appeals court in New Orleans earlier this month blocked a sweeping workplace mandate that requires businesses with at least 100 employees to get their staff vaccinated or tested weekly.

Republican state attorneys general sued the administration in early November over the CMS rule, seeking to block the requirement because they alleged it would worsen healthcare staffing shortages.

Schelp said CMS had significantly understated the burden of its mandate on the ability of healthcare facilities to provide proper care.

Schelp’s ruling applied in the 10 states that brought the case: Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire.

On Nov. 4, CMS issued the interim final rule it said covers over 10 million people and applies to around 76,000 healthcare providers including hospitals, nursing homes and dialysis centers.

Providers that fail to comply with the mandate could lose access to Medicare and Medicaid funds. Medicare serves people 65 and older and the disabled. Medicaid serves the poor.

(Reporting by Tom Hals in Wilmington, Delaware; additional reporting by Ahmed Aboulenein in Washington; Editing by Bill Berkrot)