An earlier version of this story contained incorrect information about who issued the injunction. The actual person is U.S. District Judge Gregory F. Van Tatenhove and the story has been corrected. We apologize for the error.
DAYTON, Ohio (WDTN) – People across the United States and here in the Miami Valley are trying to understand the implications of Tuesday’s injunction that blocked President Biden’s vaccine mandate.
The mandate was supposed to kick off December 6, requiring health care and contract workers to get vaccinated. However a preliminary injunction was issued by U.S. District Judge Gregory F. Van Tatenhove, stopping the mandate from taking effect in Kentucky, Tennessee and Ohio.
“This was a lower court decision at this point. The district court. This was an expansion on a previous decision made last week by a judge that covered 10 states. This decision covers all states. What it does, it’s an injunction that forbids the administration on imposing a vaccine mandate on health care workers,” said Marc Clauson, Cedarville University law professor.
Clauson also says that until the case makes it to court or the injunction’s removed, the mandate cannot happen. “Then it may be appealed. In which case it would go to an appeals court…a circuit court. Then if it can be appealed to the U.S. Supreme Court, if the Supreme Court took it.”
Kettering Health sent 2 NEWS a statement on the mandate pause saying in part:
Kettering Health’s vaccine policy protects the health and safety of our staff, our patients, and our community. We began our vaccination prior to the CMS requirements. The current rise in COVID-19 cases across our region and state emphasizes the importance of being vaccinated.Kettering Health
Premier Health also sent a statement saying:
We are reviewing the court’s decision and will determine next steps we need to take, if any, after a thorough review.Premier Health
This lengthy legal process asks the question, can President Biden really require people to get vaccinated? “The answer is…seemingly for most scholars, they tend to say they don’t have that authority,” said Clauson.
However, University of Dayton law professor Thaddeus Hoffmeister disagrees, and says he believes President Biden will come out successful.
“I do think the president has the power to require vaccinations in order to protect us as a society. The worrisome thing is as it mutates it can transmit. It’s easier for it to transmit from person to person,” said Hoffmeister. “It impacts 10.3 million providers. Only around 2 million have not got the vaccination. The vast majority of people have got the vaccination. But, you have some holdouts. So, they’re trying to get those holdouts.”
However, Clauson this final decision is one that could change history forever.
“It really brings to the forefront the issues of the limits of the powers of agencies that are not part of Congress. This is a whole separate administrative state we’re dealing with here. What powers do they have? What are the limits of their power,” said Clauson.