Judge Terry Doughty, appointed by President Trump in 2018 to the Western District Court for the Western District of Louisiana, just ruled CMS violated the notice and comment rules of the Administrative Procedures Act. It also ruled CMS exceeded its Congressionally granted authority. in an arbitrary and capricious manner. Commenting on the authorizing statutes the Court said:
Not only do the statutes not specify such superpowers, but principles of separation of powers weigh heavily against such powerful authority being transferred to a government agency by general authority.
There is no question that mandating a vaccine to 10.3 million healthcare workers is something that should be done by Congress, not a government agency. It is not clear that even an Act of Congress mandating a vaccine would be constitutional. Certainly, CMS does not have this authority by a general authorization statute
If the Government Defendants have the power and authority they claim (to mandate vaccines for 10.3 million workers), these government agencies would have almost “unfiltered power” over any healthcare provider, supplier, and employees that are covered by the CMS Mandate. If CMS has the authority by a general authorization statute to mandate vaccines, they have authority to do almost anything they believe necessary, holding the hammer of termination of the Medicare/Medicaid Provider Agreement over healthcare facilities and suppliers. p. 30.
The Court cited 42 U.S.C. 1395, which provides that nothing in the Social Security Act shall be construed to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided. This always gave doctors the legal basis to reclaim and restore the doctor/patient relationship. Why they have shirked this duty is inexplicable.
Dr. Peter McCullough, who graciously helped our cases in Ohio, had a huge impact here. He provided a Declaration, used by the Court, showing COVID-19 vaccines do not prevent transmission of the disease among the vaccinated or mixed vaccinated/unvaccinated populations, and that mandatory COVID-19 vaccines for hospitals do not increase safety for employees or hospital patients. McCullough declared that additional treatment with other drugs and supplements has resulted in an 85% reduction in hospitalizations and death of high-risk individuals presenting with COVID-19. And that the vaccine is ineffective because the virus has mutated into Delta which the vaccine was not designed to stop.
The opinion is here.