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America’s Future Files Amicus Brief with SCOTUS Supporting Relief from CMS Vaccine Mandate

Florida – June 24, 2022 – America’s Future, Inc., a national leader in the fight to preserve individual rights, promote American values and traditions, and protect the nation’s Constitutional Republic, announced that it submitted an Amicus Brief to the Supreme Court of the United States (SCOTUS) on June 22, 2022, supporting the relief requested by the Petitioners in Missouri v Biden (Dkt. No. 21-1463), a case regarding COVID-19 vaccine mandates created by the Centers for Medicare & Medicaid Services (CMS) last November as an “immediately effective” administrative regulation.

The case is before the SCOTUS following an Eighth Circuit Court of Appeals order vacating (and remanding) a preliminary injunction granted by the lower court in favor of the Petitioners – the states of Missouri, Nebraska, Alaska, Arkansas, Iowa, Kansas, New Hampshire, North Dakota, South Dakota, and Wyoming. Joining America’s Future in the filing were eight other amici organizations along with Virginia Delegate Dave LaRock.

The mandate in question compels most Medicare-and Medicaid-certified healthcare providers (e.g., hospitals, clinics, critical access hospitals, inpatient rehab facilities, long term care facilities, physician offices, outpatient surgery centers, etc.) to establish and implement procedures and documentation protocols demonstrating all staff members have submitted to the administration of a COVID-19 vaccine or are exempt based on religious or medical reasons. Healthcare providers considered non-compliant by CMS are “subject to enforcement remedies imposed by CMS depending on the level of noncompliance and the remedies available under federal law (for example, civil money penalties, denial of payment for new admissions, or termination of the Medicare/Medicaid provider agreement).”

“At the heart of this case for Americans is that a government cannot and should never – under any circumstances – be allowed to rule by fiat, meaning do what it wants when it wants,” said Mary O’Neill, America’s Future Executive Director. “Following the rule of law and the Constitution are paramount if we are to keep our Republic. We believe the SCOTUS should take this case and rule in the favor of the Petitioners because it is the right decision to make. In fact, the only decision!”

Earlier this year, the SCOTUS granted a stay, halting the government’s vaccine-or-test administrative regulation by the Occupational Safety and Health Administration (OSHA) for employers with 100 or more employees in National Federation of Independent Business (NFIB) v OSHA 595 U.S. (2022). America’s Future joined 11 organizations in an Amicus Brief in that case as well.

In addition to today’s filing and the OSHA case, America’s Future has joined in a number of other Amicus filings. To read more about these filings, please visit our Law & Policy page.

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