A federal appeals court in New Orleans reversed President Biden’s April decision that allowed the administration for federal employees to be vaccinated with COVID-19.
The 5th U.S. Circuit Court of Appeals in New Orleans overturns a previous ruling by a panel of three judges that had upheld the mandate. This new order will mean that the mandate, which was imposed by a Texas-based federal court judge in January, is still in force. The appeal will be heard by the full court of 17 judges.
Biden issued an order on September 9, requiring federal employees to be vaccinated. There was no alternative except for regular testing unless approved religious or medical exemptions.
Jeffrey Brown, a U.S. District judge, was appointed to the District Court for Southern District of Texas in January by President Donald Trump. He issued a nationwide injunction in opposition to the requirement. The White House stated that 98% of federal employees were already vaccinated at the time.
Brown’s decision was followed by back and forth rulings at 5th Circuit. A 5th Circuit panel declined to block Brown’s decision pending appeal in February. After hearing arguments in March, another panel ruled that Brown didn’t have jurisdiction. According to the panel, those who were attempting to challenge the requirement could have sought administrative remedies under Civil Service law. The ruling was made in April but did not officially go into effect until May 31.
The majority included Judges James Dennis and Carl Stewart, who were nominated by Democratic President Bill Clinton to the 5th Circuit. Rhesa Barksdale is a senior judge who was nominated by Republican President George H.W. Bush voted against, claiming that the relief sought by the challengers does not fall within the Civil Service Reform Act, as cited by the administration.
Barksdale is a senior Judge, which means he has a lower case load and is not on active status at court. He can participate with the active judges in reconsideration because he was part the ruling panel. Twelve of the 17 active judges on the 5th Circuit are appointees to Republican presidents, with six being nominated by Trump.
Administration lawyers noted that before Brown’s ruling, district judges from a dozen jurisdictions had denied a challenge to the requirement that federal workers be vaccinated before the case was brought before the five-judge 5th Circuit panel.
According to the administration, the Constitution grants the president as head of the federal workforce the same authority as the CEO or director of a private company to require that all employees are vaccinated.
