A three-judge panel of the United States Court of Appeals for the Ninth Circuit on Thursday upheld President Joe Biden’s executive order requiring that federal civilian employees be vaccinated against COVID-19.
The 5th Circuit Court of Appeals overturned an injunction imposed by a U.S. District Judge in Texas in January that had prevented the implementation of the federal employee vaccine mandate.
The decision was reached by a 2-1 majority. Biden announced in September that he would order approximately 3.5 million federal employees to get vaccinated by Nov. 22 unless they had a religious or medical exemption, otherwise, they would face disciplinary action or termination.
The White House and the Department of Justice did not immediately respond to requests for comment.
As a result, the Biden administration argued that the federal trial court lacked jurisdiction to hear the case. It was explained to the appeals court by the administration that employees were obliged to file a grievance through the Civil Service Reform Act (CSRA).
Plaintiffs “attempt to evade [the CSRA’s] exclusive review mechanism,” according to the panel majority, and the court refused their “invitation.”
According to the Justice Department’s court filings, federal employee issues are typically resolved first by the Merit Systems Protection Board (MSPB) and subsequently by the Federal Circuit appeals court in Washington, D.C.
As the government’s lawyers stated in their court filings, “the injunction is detrimental to the public interest because it prevents attempts to decrease interruptions from COVID-19 from occurring in federal workplaces from being successful.”
According to the White House, more than 93 percent of federal employees have received at least one vaccination, and 98 percent have either been vaccinated or are pursuing a religious or medical exemption from the requirement for immunization.
A program that conservative justices judged an improper imposition on the lives and health of many Americans was struck down by the United States Supreme Court in mid-January.
- Congress Recently Made a “Decision to Prolong the Pandemic” by Freezing International Covid Assistance at Zero!
- Rising Healthcare Costs Are a Big Worry for Retirees in the United States
- The IRS Claims to Have Caught Covid-19 Relief Scammers Stealing Nearly $2 Billion | Latest Update!
Biden’s COVID-19 vaccination-or-testing mandate for major employers was struck down in mid-January. The court upheld a federal vaccine requirement for healthcare facilities that are distinct from the general obligation.
In December, a federal judge ruled that a third significant vaccine requirement, which applied to employees of federal contractors such as airlines and manufacturers, should not be implemented.