Appeals court OKs Biden federal employee vaccine mandate [View all]
Source: AP
By KEVIN McGILL
NEW ORLEANS (AP) — President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court.
In a 2-1 ruling, a panel of the 5th Circuit Court of Appeals reversed a lower court and ordered dismissal of a lawsuit challenging the mandate. The ruling, a rare win for the administration at the New Orleans-based appellate court, said that the federal judge didn’t have jurisdiction in the case and those challenging the requirement could have pursued administrative remedies under Civil Service law.
U.S. District Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by then-President Donald Trump, had issued a nationwide injunction against the requirement in January.
When the case was argued at the 5th Circuit last month, administration lawyers had noted that district judges in a dozen jurisdictions had rejected a challenge to the vaccine requirement for federal workers before Brown ruled.
FILE - DeMarcus Hicks, a recent graduate of nursing school who is working as a contractor with the Federal Emergency Management Agency, gives a person a Pfizer COVID-19 vaccine booster shot, Dec. 20, 2021, in Federal Way, Wash. A federal appeals court on Thursday, APril 7, 2022, has upheld President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19. (AP Photo/Ted S. Warren, File)
Read more: https://apnews.com/article/biden-covid-health-donald-trump-new-orleans-5dfec69e95363b4bc4e94228c2de5729
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