President Joe Biden’s COVID-19 vaccine mandate for federal workers is back in effect after a federal appeals court ruling on April 7.
Article by Zachary Stieber from our premium news partners at The Epoch Times.
A panel on the U.S. Court of Appeals for the Fifth Circuit entered the ruling, overturning a district judge’s earlier block of the mandate.
U.S. District Judge Jeffrey Brown, a Trump appointee, had concluded that Biden lacked the statutory authority to issue the mandate. Two judges on the appeals court panel did not directly address that matter, but found that plaintiffs, a group of federal employees, should have taken their complaints to different venues.
Under the Civil Service Reform Act of 1978, the procedure for federal workers facing adverse actions may appeal to an entity called the Merit Systems Protection Board, which decides whether the worker was properly disciplined. If the worker prevails, the board can order an agency to reinstate the worker or undertake other measures.
Employees who disagree with the board can appeal to a federal appeals court.
The law “precludes district court adjudication of federal statutory and constitutional claims,” Judge Carl Stewart, a Clinton appointee, wrote in the decision.
He was joined by Judge James Dennis, another Clinton appointee.
The judges also said the plaintiffs could have challenged an agency’s proposed action against them before filing the suit and before getting vaccinated by filing a complaint with the Office of Special Counsel.
Christian-Driven America-First Precious Metals.
Before markets collapse, the smart play is to move wealth or retirement to precious metals. Contact Genesis Gold now to make it happen smoothly with no hassles from a group driven by fellowship.
The ruling means the injunction against the mandate was lifted, with the case remanded to Brown with instructions to dismiss it.
At issue is a Sept. 9, 2021, executive order that alleged requiring federal workers to get a COVID-19 vaccine would help “slow the spread” of the virus that causes COVID-19. It was issued when the Delta variant of the CCP (Chinese Communist Party) virus was circulating. Omicron displaced Delta in late 2021. The current slate of vaccines didn’t halt transmission from Delta and provide little protection against infection from Omicron, but the Biden administration has not withdrawn various mandates, including the one that is now back in place.
The suit against the mandate was brought by Feds for Medical Freedom, a group comprised of federal workers, who said the order likely exceeded the president’s authority.
Plaintiffs did not immediately provide a response to the ruling.
Judge Rhesa Barksdale, a George H.W. Bush appointee, dissented from the majority.
Barksdale said the enactment of the executive order does not constitute an adverse action subject to the Civil Service Reform Act (CSRA) and described the case as “a pre-enforcement challenge to a government-wide policy, imposed by the President, that would affect the 2.1 million federal civilian workers, including the 6,000 members of Feds for Medical Freedom.”
“Simply put, CSRA does not cover pre-enforcement employment actions, especially concerning 2.1 million federal civilian employees. The district court, therefore, had subject-matter jurisdiction to hear plaintiffs’ claims,” added Barksdale, the other judge on the panel that decided on the motion to lift the injunction.
Yes, We Need Your Help
I hate being “that guy” who asks people to donate because I think our conservative news network is so crucial, but here I am…
When I left my cushy corporate job in 2017, I did so knowing that my family would have to make sacrifices. But I couldn’t continue to watch the nation slip into oblivion and was inspired by President Trump’s willingness to fight the good fight even at his own personal expense. What I didn’t realize then is that conservative media would be so heavily attacked, canceled, and defunded that the sacrifices would be extreme.
Many in this nation are struggling right now even though we weren’t struggling just a few years ago. I’m not alone. But I wake up every morning and operate the sites we’ve been able to build because there’s really no other choice. I refuse to be beholden to Big Tech like so many other conservative news outlets, which is why you won’t see Google ads here. With that said, it’s often challenging to pay the bills and it’s even harder to expand so we can get the America First message out to a wider audience.
The economic downturn has forced me to make a plea for help. Between cancel culture, lockdowns, and diminishing ad revenue, we need financial assistance in order to continue to spread the truth. We ask all who have the means, please donate through our Giving Fuel. Your generosity is what keeps these sites running and allows us to expand our reach so the truth can get to the masses. We’ve had great success in growing but we know we can do more with your assistance.
We currently operate:
- NOQ Report
- Conservative Playlist
- Uncanceled News
- Based Underground
- Five other conservative news sites
I would even be willing to entertain investments and partnerships at this stage. I’ve turned them down in the past because editorial purity is extremely important. I’ll turn them down again if anyone wants us to start supporting RINOs or avoid “taboo” topics like voter fraud, vaccines, or transgender supremacy. But I’d talk to fellow America First patriots who want to help any (or all) of our 10 news sites. Hit me up at jdrucker (at) substack (dot) com if you’re interested.
For those who have the means and just want to help keep the mission of spreading a conservative, Christian message to the nation, please consider a generous donation.