A federal appeals court has upheld President Joe Biden’s requirement that all federal employees be fully vaccinated against COVID-19
against COVID-19 was upheld Thursday by a federal appeals 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.
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. Lawyers for those challenging the mandate had pointed to a recent Supreme Court opinion that the government cannot force private employers to require employee vaccinations.
Judges Carl Stewart and James Dennis, both nominated to the court by President Bill Clinton, were in the majority. Judge Rhesa Barksdale, a senior judge nominated by President George H.W. Bush, dissented, saying the relief the challengers sought does not fall under the Civil Service Reform Act cited by the administration.A different panel had refused in February to block Brown's ruling pending the appeal. That panel’s vote was 2-1.
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