Attorney General joins 10 state coalition challenging CMS vaccine mandate

Published: Nov. 10, 2021 at 4:32 PM CST
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PIERRE, S.D. (KOTA) – The Biden Administration’s Centers for Medicare and Medicaid Services (CMS) seeks to impose a vaccine mandate on healthcare workers throughout the nation. On Wednesday, Attorney General Jason Ravnsborg joined a ten-state coalition led by Missouri and Nebraska, in challenging this mandate.

The lawsuit states that the CMS vaccine mandate, “Imposes an unprecedented federal vaccine mandate on nearly every full-time employee, part-time employee, volunteer, and contractor working at a wide range of healthcare facilities receiving Medicaid or Medicare funding.” The rationale in the lawsuit is that forcing vaccines on all federal healthcare employess will only exacerbate an already pervasive shortage in these healthcare workers - particualrtly in rural communities.

The lawsuit incorporates nine counts: a substantive violation of the Administrative Procedures Act (APA) for an arbitrary and capricious action not in accordance with law (meaning an unexpected and random action not previously stated in the law), a substantive violation of the APA for an action in excess of authority and not in according with law (which means a presumably factual need for a proceedure that is in violation of notmal APA actions - brough upon without warning or notice), a procedural violation of the Social Security Act for an action without notice and comment, a violation of 42 U.S.C. § 1395z for failure to consult with appropriate state agencies, a violation of 42 U.S.C. § 1302 for failure to prepare regulatory impact analysis, unconstitutional exercise of the spending power, a violation of the Anti-Commandeering Doctrine, and a violation of the Tenth Amendment and federalism, (meaning, in short, that appropriate state agencies were not consulted in advance of the decree, and that the expecatation, unto itself, represents a violation of the constitution’s 10th amendment wherein it states that the federal government cannot overreach its power when it involves excessive spending without definite need, and without thourough medical regilatory studies to back up the safety of the mandate.)

The lawsuit asks the Court to declare that the vaccine mandate violates the APA and to stop defendants from enforcing the mandate. In addition to South Dakota, attorneys general from Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, North Dakota, and New Hampshire also joined the lawsuit.

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