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State of Georgia files lawsuit to challenge Biden administration’s vaccine mandate for health care workers

From left, Georgia Attorney General Chris Carr and Gov. Brian Kemp participate in a news...
From left, Georgia Attorney General Chris Carr and Gov. Brian Kemp participate in a news conference on Nov 3, 2021.(WRDW)
Published: Nov. 16, 2021 at 9:22 AM EST
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ATLANTA, Ga. (WTOC) - The state of Georgia has filed a lawsuit challenging the Biden administration’s COVID-19 vaccine mandate for health care workers.

According to a news release from the Office of Governor, Gov. Brian Kemp and Attorney General Chris Carr are asking the court to stop the enforcement of the mandate at Medicare and Medicaid-certified facilities. An announcement about the lawsuit was made on Tuesday, Nov. 16.

The mandate, issued on Nov. 5, by the Centers for Medicare and Medicaid Services (CMS), mandates full COVID-19 vaccination for all eligible staff at health care facilities that participate in the Medicare and Medicaid programs by Jan. 4, 2022.

The lawsuit filed by the state asserts the vaccine mandate is unlawful and unconstitutional.

“After healthcare heroes went above and beyond the call of duty to keep Americans safe and healthy throughout the COVID-19 pandemic, Joe Biden is now threatening their livelihood if they refuse COVID-19 vaccination,” Gov. Kemp said in a prepared statement. “Yet another unlawful mandate from this administration will only worsen worker shortages in a critical-need area as we continue to balance the everyday healthcare needs of hardworking Georgians and fighting COVID-19. We will continue to fight this repeated, unconstitutional overreach by Joe Biden and his administration in court.”

Georgia has joined the states of Louisiana, Montana, Arizona, Alabama, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, and West Virginia in filing the lawsuit with the U.S. District Court for the Western District of Louisiana (Monroe Division).

On Oct. 29, Gov. Kemp and Attorney General Carr filed suit in the U.S. District Court for the Southern District of Georgia to challenge the vaccine mandate for federal contractors.

A lawsuit has also been filed to challenge the OSHA vaccine mandate for employers with 100 or more workers and have asked the court to stay the mandate.

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