Appeals court declines to reinstate COVID-19 vaccination mandate for federal staff

A federal appeals court on Feb. 9 declined to reinstate the Biden administration's vaccination requirement for federal employees, according to CNN.  

The U.S. Court of Appeals for the 5th Circuit's decision comes after a federal judge in Texas blocked enforcement of the requirement Jan. 21.

In its 2-1 ruling, a three-judge appellate panel declined to reinstate the requirement while it reviews the lower court's order, according to CNN.

Judge Stephen Higginson, in a 10-page dissent cited by the news network, said other federal courts had rejected requests to block the mandate before Judge Jeffrey Vincent Brown, with the U.S. District Court for the Southern District of Texas, issued an injunction.

"The only court that can now provide timely relief is the Supreme Court," he said.

President Joe Biden revealed Sept. 9 a mandate requiring that federal executive branch workers be vaccinated against COVID-19, with limited medical and religious exemptions.    

As of Dec. 8, the federal government reported that 92.5 percent of employees had received at least one shot.  

According to CNN, Mr. Brown, in his January decision, said the mandate exceeded presidential authority and cited the Jan. 13 Supreme Court decision that blocked enforcement of the Biden administration's COVID-19 vaccinate-or-test rule for workers at businesses with 100 or more employees. The Biden administration appealed Mr. Brown's decision.

The Labor Department's Occupational Safety and Health Administration withdrew emergency enforcement of its vaccinate-or-test mandate for businesses effective Jan. 26.

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