Dorothy Philbin | CNBNews Contributor
Our federal administration is not making out very well in court but this decision was predictable. Today Federal District Judge Mathew Schelp overruled the federal rule that all health care workers in facilities which accept Medicare and Medicaid (basically all) must be vaccinated.
A year ago these health care workers were our heroes; this year they are losing their jobs. The same is true of most first responders. In many, if not most of these cases the workers aren't against the vaccine but don't want the government dictating what chemicals go into their bodies. Others have medical conditions which may have a negative effect - we just don't have enough information yet. Finally, there is that pesky ole document, the United States Constitution which prohibits the government from interfering with religious beliefs.
The United States is divides into districts or circuits so this ruling does not apply to New Jersey. It does apply to Alabama, Alaska, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.
The government said that federal ruling supersedes the states. However, the judge felt that the federal government overstepped its legal power. Rules are different from laws. Will this decision hold if the case goes to the Supreme Court? That's a big "if." The Supreme Court is independent from all other courts' decisions but it is possible that they will give more weight to a federal decision.
1. American Press, David A Lieb November 29, 2021
RELATED: THE STORY BEHIND THE STORY (Your Money/Chapter IV)