Medicare and Medicaid Bureaucracies Retreat From Enforcing Biden’s Jab Mandate

P. Gardner Goldsmith | December 7, 2021
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Since President Biden issued his tyrannical and wildly unconstitutional November 4 order that private companies with 100 or more employees order them to get an mRNA jab or undergo repeated, expensive, and unreliable testing, and his also obscene mandate that any medical facility receiving funds from Medicare or Medicaid must get its workers jabbed, with no “testing alternative,” numerous legal battles have taken place, and Biden’s mandates are not looking good to survive even a confrontation in the U.S. Supreme Court.

Now, it appears as if the Bidenistas are cracking - slightly.

As The National Law Review notes, a Nov. 30 decision by Judge Terry A. Doughty of the Western District Court of Louisiana blocking the implementation of Biden’s policy within The Centers for Medicare and Medicaid Services (CMS) has added pressure to temporarily shut down Biden’s mandate within the bureaucracies.

The plaintiffs in this case were the governments of Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio.

And this matches a November 29 ruling from Judge Matthew Shelp, of the Eastern District of Missouri, who issued an injunction covering Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, and North and South Dakota.

Observes the National Law Review:

The Centers for Medicare and Medicaid Services' (CMS) vaccine mandate (Mandate) has been preliminarily enjoined on a nationwide basis due to a Nov. 30, 2021, decision by Judge Terry A. Doughty of the Western District Court of Louisiana, Monroe Division. Among other conclusions, Judge Doughty stated that mandating vaccination of health care workers should be done by Congress, not a government agency, although he also questioned whether even Congress had such authority.

No kidding.

And it might inspire a few people to ask: “If Biden can order WORKERS handling people getting Medicare and Medicaid treatment, why couldn’t Biden order elderly people or poor people directly receiving funds from either to get mRNA gene vector injections?”

That’s a question that pertains to what the Supreme Court has called “unconstitutional conditions,” and the precedent that the feds can’t tell people they must give up rights protected by the Constitution in order to receive government benefits. I’ve written about it for MRCTV, and here is some of that history:

The US Supreme Court has a long history of striking down what are called ‘unconstitutional conditions’, from a 1963 case called ‘Sherbert v. Verner’ (in which the Supremes ruled that the government of South Carolina could not withhold unemployment benefits from a woman who refused to take work on a Sunday because of her religion), to the infamous case of the Cabrini Green housing project near Chicago (in which the Court ruled that the government could not demand that folks submit to no-knock/no-warrant drug raids as a prerequisite to living in the publicly-funded housing project).

Of course, there’s a larger issue here, and that is whether Medicare and Medicaid have any source in any enumerated power in the U.S. Constitution. And anyone trying to find such a power will look forever, because it’s not there.

And also not in the U.S. Constitution is my or your signature accepting its power over any of us.

But Joe Biden and all his government employees swear oaths to operate by it.

So, why don’t they do so?

At least, thanks to the rulings, the CMS bureaucrats have issued a memo saying that they are suspending their enforcement of the Biden order, this reflected in a December 2 Tweet from Missouri Attorney General Eric Schmidt.

But the very existence of the CMS is an insult to the so-called rule-book of the U.S. Government: the U.S. Constitution.

Judges might want to point it out, even though it’s obvious – as obvious as this sham of a fearmongering campaign about a viral outbreak that has utterly no foundation in any reliable numbers, and which has seen millions of Americans lose many of the rights they still could exercise under the already oppressive national and state governments.