More: What we know about Judge Terry Doughty, who blocked Biden's COVID vaccine mandate and drilling banĭoughty, who was nominated to the federal bench by former President Donald Trump in 2017 and confirmed in 2018, acknowledged the case "will ultimately be decided by a higher court than this one." Landry was also the lead in that lawsuit. Circuit Court of Appeals in New Orleans had already blocked a broader Biden administration mandate that businesses with more than 100 workers require employees to be vaccinated by Jan. It would have covered more than 17 million health care workers nationwide, according to the Centers for Medicare and Medicaid Services. 4 by the Centers for Medicare and Medicaid Services would have required staff at providers that participate in the programs to receive at least one dose of a COVID-19 vaccine by Dec.
![fifth circuit court of appeals opinions fifth circuit court of appeals opinions](https://www.smdp.com/wp-content/uploads/2019/06/Seal_of_the_United_States_Court_of_Appeals_for_the_Fourth_Circuit.svg_.png)
More: Read Judge Doughty's order blocking Biden's COVID-19 vaccine mandate for healthcare workers "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." "If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency. "If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands," he wrote.
![fifth circuit court of appeals opinions fifth circuit court of appeals opinions](https://db0ip7zd23b50.cloudfront.net/dims4/default/a59b3f7/2147483647/resize/633x10000>/quality/90/?url=http%3A%2F%2Fbloomberg-bna-brightspot.s3.amazonaws.com%2F7a%2Ffe%2F1e0bebc0473f9f4272f592292774%2Ffive-circuits-to-watch-dec2018.png)
“This court action does not change anything for Louisiana’s health care heroes they remain protected by Judge Doughty’s injunction,” Landry said in a statement to USA Today Network.ĭoughty wrote the Biden Administration doesn't have the authority to bypass Congress in issuing such a mandate. Republican Louisiana Attorney General Jeff Landry led the 14-state lawsuit against the Biden administration mandate. More: Louisiana judge blocks nationwide COVID-19 vaccine mandate for health care workers Its ultimate resolution will benefit from ‘the airing of competing views’ in our sister circuits,” the ruling from three 5th Circuit judges said. “This vaccine rule is an issue of great significance currently being litigated throughout the country.