Alaska Joins Case to Stop CMS Vaccine Mandate – Mike Dunleavy – Alaska Governor Office

Alaska joined a coalition of states today in a lawsuit to block a federal government effort to make health care providers force their employees to take the COVID-19 vaccine.

A new Centers for Medicare and Medicaid Service (CMS) rule would mandate vaccines for almost every full-time, part-time, volunteer or contract employee working in many health care settings that receive Medicare or Medicaid funding. CMS estimates more than 10.3 million Americans would fall under this overarching mandate.

“This new rule is an insult to the personal freedoms of the health-care heroes who have been critical to Alaska’s response to the COVID-19 pandemic,” said Alaska Governor Mike Dunleavy. “This is unconstitutional and yet another example of the Biden Administration’s overreach on issues that should be left to the states.”

Alaska Attorney General Treg Taylor and attorneys general from nine other states filed the lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiffs seek an injunction to prohibit CMS from enforcing the mandate on grounds that the rule violates the 10th Amendment, the federal Administrative Procedures Act and other federal laws.

“The 10th Amendment prohibits federal agencies from taking away powers that are reserved to the states, which know best how to enact the kinds of public health measures to best fit the needs of its citizens,” Attorney General Taylor said. “This rule would punish our rural hospitals and countless health care workers across Alaska by withholding Medicare and Medicaid funding if they don’t comply
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