Several states enacted laws this year allowing health workers to refuse certain vaccines when necessary or advised by a health care provider, if it is in the best interest of a patient. After the states crafted the laws, the Obama administration moved to expand the federal mandate, and mandating the vaccines in cases where the federal mandate isn’t met by a state law is now called an opt-out provision. President Trump has said he thinks federal involvement is unnecessary because the states already have enough flexibility in determining what vaccinations are required, and he is asking the HHS for a change of heart.
This week a federal judge in Louisiana blocked the Trump administration from expanding its vaccination mandate to include health care workers.
Judge Newman wrote in his temporary restraining order that the Trump Administration is attempting to coerce workers into vaccinating employees, causing a host of problems.
Among the problems Newman writes, “The government’s potential interference with the ability of a health care worker to decide for himself or herself what vaccinations to provide, in direct contrast to that of an employer, presents a troubling infringement of the First Amendment.”
This case isn’t over yet. Lawyers will eventually argue the matter in front of the 9th Circuit Court of Appeals.