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November 15, 2021

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Mike Lewis (334) 353-2199
Joy Patterson (334) 242-7491

Attorney General Steve Marshall Files Lawsuit to Block Biden’s Healthcare-Worker Vaccine Mandate

(MONTGOMERY) – Attorney General Steve Marshall filed a lawsuit Monday to block the Biden administration’s Centers for Medicare and Medicaid Services (CMS) mandate for America’s healthcare workers to vaccinate against COVID or lose their jobs.

“In September, the Biden administration abandoned persuasion for brute force and announced an unprecedented series of federal mandates aimed at compelling most of the adult population of the United States to get a COVID-19 vaccine,” said Attorney General Marshall.

“Federal contractor employees, followed by all businesses with 100 or more employees, were singled out by Biden’s heavy-handed vaccine edict. Not satisfied with stalling the national economy, on November 4, Biden doubled down and expanded his vaccine mandate to cover most Medicare- and Medicaid-certified providers, placing almost all of the nation’s healthcare
workers in its crosshairs.

Unlike the private-employer (OSHA) mandate, the CMS mandate does not give employers the opportunity to offer weekly testing in lieu of vaccination.

“One can only imagine the damage that will be done by this mandate to already short-staffed rural and community hospitals, clinics and nursing homes that receive federal funds for Medicare and Medicaid services. They are effectively being held hostage by Biden to either force vaccination compliance by January 4, 2022, or fire vitally-needed doctors, nurses and other medical staff. “

Attorney General Marshall’s November 15 lawsuit to block the federal Centers for Medicare and Medicaid Services (CMS) vaccine mandate can be read here. The State is also seeking a preliminary injunction in this matter.

Attorney General Marshall’s November 5 lawsuit to block the Biden-OSHA vaccine mandate on businesses with 100 or more employees can be read here. The State filed a motion to stay the mandate on November 8.

Attorney General Marshall’s October 29 lawsuit to block the Biden federal-contractor vaccine mandate can be read here. The State filed for preliminary relief on November 5.

The Attorney General concluded, “Each of these mandates has distinct and severe legal deficiencies that warrant distinct and severe responses from the states. This is about so much more than vaccines. It’s about planting a flag to say that ‘enough is enough.’ The federal government’s power is not boundless, but if we are not vigilant to fight here and now, there will be no going back.”

The Attorney General would like to thank the Alabama Department of Public Health, the Alabama Department of Rehabilitation Services, the Alabama Department of Mental Health, and the Alabama Medicaid Agency for outstanding assistance to his staff in preparation for this litigation.

The Attorney General joined colleagues from Louisiana, Montana, Arizona, Georgia, Indiana, Mississippi, Oklahoma, South Carolina, Utah and West Virginia in bringing this action.

[For links, click PDF icon at upper right of press release]