President Joe Biden’s executive order mandating federal civilian employees to be vaccinated against COVID-19 was reinstated on Thursday by the 5th Circuit Court of Appeals.
By a 2-1 vote, the US appeals court panel lifted the injunction a US district judge in Texas issued in January, blocking the enforcement of the mandate.
About 3.5 million government workers were required to get vaccinated by Nov. 22 or face discipline or firing by Biden’s order that barred a religious or medical accommodation.
Neither DOJ nor the White House immediately commented on the court’s decision after the Biden administration argued the federal trial court had no power to hear the dispute and that employees were required to raise their grievance through the Civil Service Reform Act (CSRA).
The Justice Department said in its court filings in line with the prescribed procedure, that federal employee disputes generally occur before the Merit Systems Protection Board (MSPB) and then the Federal Circuit appeals court.
The government’s lawyers said in their court filings that the injunction impedes efforts to reduce disruptions from COVID-19 in federal workplaces, seriously harming the public interest.
According to the White House, more than 93% of federal employees have received at least one vaccine dose and 98% have been vaccinated or are seeking a religious/ medical exemption.
A federal judge blocked in December a third major vaccine requirement for employees of federal contractors, like airlines and manufacturers.
Deeming it an improper imposition on the lives and health of many Americans, the conservative justices of the US Supreme Court blocked in mid-January Biden’s COVID-19 vaccination-or-testing mandate for large businesses.
A separate federal vaccine requirement was allowed by the court for healthcare facilities.
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