These challenges are significant as there currently are lawsuits fighting the CMS Emergency Regulation filed on behalf of more than half of U.S. states.

In closing, Judge Schlep opined:

“… Plaintiffs likely can show the CMS mandate is arbitrary and capricious because the evidence does not show a rational connection to support implementing the vaccine mandate, the mandate’s broad scope, the unreasonable rejection of alternatives to vaccination …”

Commenting on the ruling, CHD President and General Counsel Mary Holland said:

“It obviously appears the tide is turning. The 5th Circuit’s temporary restraining order against ‘fatally flawed’ Biden Occupational Safety and Health Administration (OSHA) employer vaccine mandate and subsequent suspension by OSHA of the mandate confirm this fact.”