COVID-19 Vaccine Mandate for Federal Workers Returns After Court of Appeal Repeals Order | 2022-04-18
COVID-19 Vaccine Mandate for Federal Workers Returns After Court of Appeal Repeals Order |  2022-04-18

COVID-19 Vaccine Mandate for Federal Workers Returns After Court of Appeal Repeals Order | 2022-04-18

New Orleans – The 5th U.S. Circuit Court of Appeals ended a district court’s ban on the Biden administration’s COVID-19 vaccine mandate for federal employees on the basis of jurisdiction, with a 2-1 decision April 7.

President Joe Biden signed Executive Order 14043 on 9 September, initially allowing federal staff until 30 November to be vaccinated or obtain a waiver. That deadline was later pushed back to the new year. Judge Jeffrey Vincent Brown of the U.S. District Court for the Southern District of Texas issued the injunction 21st of January.

In the judgment of the Court of Appeal, Judge Carl E. Stewart writes that the courts are not the place to adjudicate “a negative employment case” in this case due to the Civil Service Reform Act of 1978 and the Supreme Court decision in Elgin v. Department of Treasury in 2012.

Under the CSRA, federal employees can appeal to the Merit Systems Protection Board after a negative action (such as termination) has been taken against them. The majority writes that employees also “could have challenged an agency’s proposed action against them before filing this case and certainly before being vaccinated” by filing a complaint with the Office of Special Counsel.

“There is no disagreement that the plaintiffs have not attempted to take advantage of this potential CSRA remedy, which could provide meaningful review,” wrote Stewart, who was in the majority accompanied by Judge James L. Dennis.

In his dissent, Judge Rhesa H. Barksdale contends that what the plaintiffs sought “does not fall within the scope of the CSRA.”

He explains: “Adopting the EO and then requiring federal civil servants, who may later receive unwanted actions, to seek emergency assistance now through the CSRA would result in precisely the type of long-term and haphazard results that the CSRA was adopted to prevent.”

So does Barksdale 5 USC 7513 does not apply to the plaintiffs because they are agency acts rather than presidential.

“Section 7513 refers to individual employees; here the President seeks to demand that an entire class of employees be vaccinated or subjected to a negative action,” he writes. federal civilian employees. The district court therefore had jurisdiction to hear the applicants’ claims. “

Opponents of the mandate will seek one a banc hearing in front of all the judges of the 5th district, according to a report on April 13 from the head of government. If that hearing is given, it may mean that the injunction is reinstated.

During a press briefing on January 21, White House Press Secretary Jen Psaki said 98% of federal workers abide by the mandate.

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