Appeals court OKs Biden federal employee vaccine mandate

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.

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. – READ MORE