Attorney General Steve Marshall is celebrating a victory today in the lawsuit he filed against the Biden Administration in early November.
On Tuesday a Louisiana U.S. district judge blocked a federal COVID-19 vaccine mandate for health care workers, The Advertiser reported. The mandate requires America’s healthcare workers to be vaccinated against COVID-19 or lose their jobs.
Marshall joined attorneys general from Louisiana, Montana, Arizona, Georgia, Idaho, Indiana, Kentucky, Mississippi, Ohio, Oklahoma, South Carolina, Utah, and West Virginia.
The U.S. District Court for the Western District of Louisiana granted a motion for a preliminary injunction halting the vaccine mandate issued on November 4 through the Center for Medicare and Medicaid Services (CMS).
Judge Terry A. Doughty declared that the Biden administration lacked the constitutional authority to issue such a broad decree.
Doughty wrote, “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. If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, two of the three powers conferred by the Constitution would be in the same hands.”
Doughty continued, “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.”
Marshall stated in a press release, “President Biden has abandoned persuasion for brute force in launching an unprecedented series of federal mandates aimed at compelling most of the adult population of the United States to get a COVID-19 vaccine, but his unlawful, unconstitutional, and un-American decrees are being met head-on in court by the force of law.”
Marshall added, “Each of the Biden administration mandates has distinct and severe legal deficiencies that warrant distinct and severe responses from the states. This is about so much more than vaccines. It’s about planting a flag to say that enough is enough. The federal government’s power is not boundless, but if we are not vigilant to fight here and now, there will be no going back.”
