The panel did not directly address the underlying question of whether the mandate was within a President’s power to issue. Image: Rex Wholster/Shutterstock.com
By: FEDweek StaffAnother round in the fight over the Biden administration’s vaccine mandate for federal employees is ahead September 13, when a federal appeals court will consider a legal challenge to that mandate, a year almost to the day after it was issued.
The full Fifth Circuit federal court of appeals will review a decision by a three-judge panel dismissing a challenge to the mandate on grounds that the suit had to be brought first through the MSPB appeals process rather than directly into court.
Because of that ruling on jurisdictional grounds, the panel did not directly address the underlying question of whether the mandate was within a President’s power to issue as the head of the federal workforce.
The upcoming “en banc” hearing by the full court likely will focus as well on that issue, which goes to whether the Civil Service Reform Act requires all challenges to federal workplace policies to go first go through the internal government channel.
That was the latest in a series of decisions that had started with a federal judge in Texas issuing a nationwide injunction against the mandate in January, just as agencies were preparing to take disciplinary actions up to and including firing against employees not in compliance. That was the only decision in the roughly dozen such cases filed against the mandate to result in an injunction against it.
There is no timetable for a ruling by the full Fifth Circuit but even when it comes it might not necessarily be the final word. Numerous other cases are pending in other courts and there has been a widespread view – among federal employee organizations and law firms specializing in federal workplace law – that the case ultimately will be pushed to the U.S. Supreme Court.
For the meantime, the injunction remains in effect. However, because the suit challenges Biden’s order, the injunction does not apply to agencies – most notably the VA – that had issued vaccination mandates for their own employees prior to Biden’s order. The VA is continuing to enforce its policy and has fired some employees, mostly on charges of not following safety protocols for the unvaccinated.
Temporary Funding Among Top To-Dos as Congress Returns
MSPB Takes Narrow View of Veterans Preference in Two Cases
Reminder: Postal-Only Health Plan Not Coming Until 2025
Backers of WEP, GPO Repeal Bill Hope to Force Vote in House
Biden Reaffirms Intent for 4.6 Percent Raise; 0.5 Points Would be Split Off as Locality Pay
Contractor for New TSP System Owns Up to Missteps
See also,
CSRS and FERS – Why They Exist, Why They Differ
Exceptions to the 10 Percent Early Withdrawal Penalty
What Happens to Your Retirement Application
