By Kevin McGill | Associated Press
NEW ORLEANS — President Joe Biden’s order that federal employees get vaccinated against COVID-19 was blocked Thursday by a federal appeals court.
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-President Donald Trump, wrote the opinion for a 10-member majority.
Opponents 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. District Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by then-President Donald Trump, issued a nationwide injunction against the requirement in January 2022.
The case then went to the 5th Circuit.
One panel of three 5th Circuit judges refused to immediately block the law.
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. The 16 active judges heard the case on Sept. 13, joined by Barksdale, who is now a senior judge with lighter duties than the full-time members of the court.
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