Washington County still waiting on vaccine rules

WASHINGTON — The Washington County Board of Supervisors remains in a holding formation after pledging to resist a federal vaccine mandate currently delayed by legal challenges.

“Once it goes through the court system, then we as a board will have to make a decision,” Board Chair Richard Young said. “It’s a moot point until then … we’re just going to table this until it goes through the court system.”

While County Attorney John Gish has declined to publicly comment on the federal rule, Supervisor Jack Seward Jr. said he was giving guidance behind the scenes.

“He declined to engage in a public discussion because of the thought that if we did enter into some sort of legal challenge, it would be improper for him to make prior personal comments on a case he may have to represent us in later,” Seward said. “He didn’t refuse to have a conversation with us, he just didn’t want to participate in a public discussion.”

While Seward’s comments suggest a legal battle at the county level, it remains unclear exactly what grounds the county would challenge the mandate on if it’s upheld in federal court.

The statements came after a U.S. District Court in Missouri ruled that the Centers for Medicare and Medicaid Services had no authority in 10 states, including Iowa, to withhold funding in exchange for compliance with the mandate, a regulation county supervisors had called “tyrannical.”

The ruling set a preliminary injunction on the mandate, delaying its implementation until a final judgment is issued by another court.

“The impact of this mandate reaches far beyond COVID,” District Judge Matthew Schelp said in the ruling. “CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans. Such action challenges traditional notions of federalism.”

Iowa Gov. Kim Reynolds applauded the decision in a news release Monday.

“Iowa is fighting back against the Biden Administration’s attack on individual liberties and I applaud the court’s decision to enjoin the vaccine mandate rule for Medicare and Medicaid certified providers and suppliers,” the news release said. “I believe the vaccine is the best defense against COVID-19, but I also firmly believe in Iowans’ right to make health care decisions based on what’s best for themselves and their families.”

Neither the White House nor CMS have released any statements on the vaccine mandate since Monday’s ruling.

Comments: Kalen.McCain@southeastiowaunion.com