A federal court voted on Thursday to reinstate Biden’s unconstitutional executive order to vaccinate federal employees against Covid-19.
The United States Court of Appeals for the Fifth Circuit dismissed the injunction issued by Judge Jeffrey Vincent Brown of the Southern District Court in Texas by a 2-1 vote. The White House and Justice Department did not respond to Reuter’s request for comments.
It can be recalled that Judge Brown protected medical freedom and blocked Biden’s last vaccine mandate on federal employees last January.
“The motion is GRANTED as to Executive Order 14043. All the defendants, except the President, are thus enjoined from implementing or enforcing Executive Order 14043 until this case is resolved on the merits,” Brown said in his ruling.
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.
The administration argued that the Constitution gives the president, as the head of the federal workforce, the same authority as the CEO of a private corporation to require that employees be vaccinated.
Twelve of 17 active judges at the 5th Circuit were nominated to the court by Republicans, including six Trump appointees.
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.
Last February, the 5th Circuit Court of Appeals they would not reinstate Biden’s Covid-19 vaccine mandate to federal workers.
“A federal appeals court said Wednesday it would not reinstate President Joe Biden’s Covid-19 vaccine mandate for federal employees while it reviews a lower court’s order putting the requirement on hold — potentially setting the stage for the case to go to the Supreme Court,” CNN reported.
“The 5th US Circuit Court of Appeals did not explain its reasoning in the unsigned order that said the court was expediting its review of the case. The court said the Biden administration’s request to put the lower court’s ruling on hold was being “carried with the case,” signaling that the appeals court would not rule on the request until it had conducted a fuller review of the case,” according to the report.
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