Court blocks COVID-19 vaccine mandate for US gov’t workers
Law Review
President Joe Biden’s order that federal employees get vaccinated against COVID-19 has been blocked by a federal appeals court.
The 5th U.S. Circuit Court of Appeals in New Orleans, in a decision Thursday, rejected arguments that Biden, as the nation’s chief executive, has the same authority as the CEO of a private corporation to require that employees be vaccinated.
The ruling from the full appeals court, 16 full-time judges at the time the case was argued, reversed an earlier ruling by a three-judge 5th Circuit panel that had upheld the vaccination requirement. Judge Andrew Oldham, nominated to the court by then-President Donald Trump, wrote the opinion for a 10-member majority.
The ruling maintains the status quo for federal employee vaccines. It upholds a preliminary injunction blocking the mandate issued by a federal judge in January 2022. At that point, the administration said nearly 98% of covered employees had been vaccinated.
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