A federal appeals court upheld the Biden administration’s vaccine mandate for all federal workers on Thursday.
Fox News reports:
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.
Lawyers challenging the mandate pointed to the Supreme Court’s recent opinion that the government cannot force private employers to require employee vaccinations.