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Network for Public Health Law
Preventing and Treating Communicable Conditions

Missouri v. Biden

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Overview

Missouri v. Biden (U.S. District Court, E.D. Mo., Nov. 29, 2021): A federal judge temporarily blocked a Centers for Medicare & Medicaid Services (CMS) vaccine mandate for certain health care workers in ten states. The court determined first that, despite the fact Congress has generally authorized the Secretary of Health and Human Services to administer Medicare and Medicaid programs for the “health and safety” of recipients, Congress had not provided CMS with “clear” power to enact the mandate. The court rested its analysis in part on the anticipated profound economic impacts of the rule as well as its potential effects on the federal-state balance of power. The court also concluded that CMS did not follow proper notice and comment rulemaking requirements and that the mandate was arbitrary and capricious for several reasons, questioning CMS data and suggesting other factors should have been considered. The case has been appealed to the 8th Circuit. Read the full decision here.

View all cases in the Judicial Trends in Public Health – December 14, 2021.

View all cases under “Preventing and Treating Communicable Conditions.”