In reversal for Biden, US appeals court rules against COVID-19 vaccination requirement for federal employees.
The 5th U.S. Circuit Court of Appeals in New Orleans 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-PresidentOpponents of the policy said it was an encroachment on federal workers' lives that neither the Constitution nor federal statutes authorize.
Biden issued an executive order in September 2021 requiring vaccinations for all executive branch agency employees, with exceptions for medical and religious reasons. The requirement kicked in the following November, and the White House said in January that 98% of federal workers were vaccinated. U.S.
But, a 2-1 ruling on the merits of the case by a different panel upheld Biden's position. Judges Carl Stewart and James Dennis, both nominated to the court by President Bill Clinton, were in the majority. Judge Rhesa Barksdale, 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 majority of the full court voted to vacate that ruling and reconsider the case.
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