A federal judge has quickly rejected Florida’s request to block a Biden administration requirement that workers at hospitals, nursing homes and other health-care providers be vaccinated against COVID-19.
U.S. District Judge M. Casey Rodgers issued an 11-page order Saturday denying a motion by Attorney General Ashley Moody for a preliminary injunction or temporary restraining order against the federal rule. Moody’s office filed a lawsuit Wednesday challenging the rule and sought an injunction or temporary restraining order before the vaccination requirement takes effect Dec. 6.
Rodgers, however, wrote that Florida had not shown “irreparable harm” to justify an injunction or temporary restraining order. In part, the state contended that rule would affect state-run facilities, such as veterans’ nursing homes, and exacerbate health-care staffing shortages.
“On review of the record, the court finds no adequate showing that irreparable injury will occur in the absence of a TRO (temporary restraining order) or preliminary injunction prior to December 6, 2021,” Rodgers wrote. “The affidavits (of state officials) in support of the motion include assertions of how the various agencies and institutions anticipate they may be adversely impacted by the mandate. In particular, the affidavits express opinions of agency heads who ‘estimate’ that they ‘may’ lose a certain percentage or a number of employees, or speculate as to the consequences they will suffer ‘if widespread resignations were to occur.’ However, such opinions, absent supporting factual evidence, remain speculative and may be disregarded as conclusory.”
The lawsuit came after Florida also challenged other vaccination mandates issued by the Biden administration — and was filed the same day that the Republican-controlled Legislature passed a law designed to block such mandates.
The rule, issued this month by the federal Centers for Medicare & Medicaid Services, applies to hospitals, nursing homes and other health-care providers that participate in the Medicare and Medicaid programs. Under the rule, health-care workers are required to receive at least one dose of COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4, with limited exemptions for medical and religious reasons.
In denying the request for an injunction or temporary restraining order, the Pensacola-based Rodgers said the state had not shown irreparable harm related to agencies losing federal money for not complying with the vaccination requirement.
“Moreover, there is no evidence to suggest that the anticipated loss of federal funding from the state agencies’ noncompliance will occur immediately on December 6, 2021, because the asserted loss of staff is speculative, the affidavits fail (to) take to into account any impact from the availability of the exemption process provided in the interim final rule, and even if noncompliance occurs, any potential termination of funding would not occur on December 6,” wrote Rodgers, who was appointed to the federal bench by former Republican President George W. Bush.