Restoration of the Administrative Order on Mandatory Vaccination for U.S. Public Officials
[Asia Economy Reporter Cho Hyun-ui] The federal appeals court has reinstated the executive order mandating COVID-19 vaccinations for U.S. federal government employees.
On the 7th (local time), according to AP News and others, a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans overturned a lower court ruling that had granted a stay on the enforcement of the COVID-19 vaccine mandate, ruling 2 to 1 in favor of the government.
Previously, the Biden administration issued an executive order in September last year requiring federal employees to be vaccinated against COVID-19 unless they qualified for medical or religious exemptions. In response, federal employee groups and unions filed for a stay on the enforcement of the order.
In January, U.S. District Judge Jeffrey Brown of the Southern District of Texas accepted the stay request. Judge Brown was appointed by former President Donald Trump.
At the appeals hearing, government attorneys argued that "the stay on the executive order hinders efforts to reduce workplace disruptions caused by COVID-19 and harms the public interest."
They added, "Just as CEOs of private companies require employees to be vaccinated, the President, as the head of federal employees under the Constitution, exercised the same authority."
Federal employee groups cited recent Supreme Court rulings that the government cannot compel private employers to mandate employee vaccinations, but ultimately this argument did not prevail.
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AP News reported, "It is a rare case for the Biden administration to win at the 5th Circuit Court of Appeals." This court includes 17 judges appointed by Republicans, including six appointed by former President Trump.
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