President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday. by a federal appeals court, according to CBS News.
A panel of the Fifth Circuit Court of Appeals in New Orleans reversed a lower court’s ruling and ordered a lawsuit challenging that requirement to be dismissed.
US District Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by President Donald Trump, issued a nationwide injunction against the requirement in January.
When the case was argued in the Fifth Circuit last month, attorneys for the administration noted that district judges in a dozen jurisdictions had rejected a challenge to the vaccination requirement for federal workers before Brown ruled.
The administration argued that the Constitution gives the president, as head of the federal workforce, the same authority as the CEO of a private corporation to require employees to be vaccinated.
Lawyers for those who challenged the requirement pointed to a recent Supreme Court opinion that the government cannot force private employers to require employee vaccinations.
Thursday’s ruling was a rare victory for the Bien administration in the 5th. Circuitwith 17 active Republican-nominated judges, including six Trump appointees.
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