It was recently reported by ConservativeBrief that there is another roadblock for President Joe Biden’s vaccine mandate for federal workers as the administration attempts to grasp whatever it can to continue its program.A federal appeals court on Wednesday said it would not reinstate the mandate, which kept in place a lower court ruling, CNN reported.
The 5th US Circuit Court of Appeals did not explain its reasoning in the unsigned order that said the court was expediting its review of the case. The court said the Biden administration’s request to put the lower court’s ruling on hold was being “carried with the case,” signaling that the appeals court would not rule on the request until it had conducted a fuller review of the case.
The mandate, which applied to some 3.5 million federal workers, required full vaccination by the end of November, although the administration said it would first counsel employees who resisted vaccination rather than discipline or fire them.
On December 9, the Office of Management and Budget said the federal workforce was 97.2% compliant with the mandate — a figure that included people who had pending or approved exemptions.
Last month, a federal judge in Texas blocked the administration from enforcing the requirement, calling the mandate an overstep of presidential authority and citing a Supreme Court decision to strike down a separate administration mandate that had applied to private-sector workers.
There was one dissent on the appeals court panel, by US Circuit Judge Stephen Higginson, who was appointed by former President Obama.
“[T]he public interest is not served by a single Article III district judge, lacking public health expertise and made unaccountable through life tenure, telling the President of the United States, in his capacity as CEO of the federal workforce, that he cannot take the same lifesaving workplace safety measures as these private sector CEOs,” he said.
“The only court that can now provide timely relief is the Supreme Court,” he said.
And that is likely where the case is headed after a judge, appointed by former President Donald Trump, blocked the mandate last month, Reuters reported.