A federal appeals court has upheld President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19.
In a 2-1 ruling, a panel of the 5th Circuit Court of Appealsand 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.
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. Twelve of 17 active judges at the 5th Circuit were nominated to the court by Republicans, including six Trump appointees.
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