Topline
The White House Thursday told agencies to delay enacting a Covid-19 vaccine mandate for federal employees shortly after the 5th Circuit Court of Appeals removed a lower court’s injunction against the mandate, which would require millions of employees to vaccinate or face possible termination, the Washington Post reported Friday.
President Joe Biden delivers remarks on the Covid-19 response and the vaccination program at the … [+]
Key Facts
The court voted 2-1 Thursday to remove the injunction, saying the plaintiffs, several groups of federal employees, should have brought their objections to the Merit Systems Protections Board, a grievance board for federal workers.
But White House told agencies “there are still procedural steps that need to take place to lift the injunction” and the earlier injunction was still in effect, the Washington Post reported.
Under the mandate, over 3.5 million federal employees will risk discipline or termination if they do not fully vaccinate or obtain an exemption due to a disability like an immune disorder or a “sincerely held religious belief, practice or observance.”
The White House did not immediately respond to a request for comment from Forbes.
Key Background
In September, following the delta variant surge, President Joe Biden issued an executive order requiring all federal employees to become fully vaccinated. However, on January 21, Texas-based district court Judge Jeffrey Vincent Brown issued a preliminary injunction, arguing Biden had overstepped his authority by putting the policy in place without Congress’s approval. Thursday, the 5th Circuit Court of Appeals issued a ruling overturning Brown’s injunction on jurisdictional grounds, with judges in the majority writing federal employees’ grievances against the mandate should be handled under the 1978 Civil Service Reform Act before being brought to the courts.
Tangent
Relatively few federal employees have refused to vaccinate—as of December 8, 97.2% of employees had complied with the mandate, and each federal agency had at least 95% compliance, the White House said.
What We Don’t Know Yet
The White House has not yet announced a timeframe for putting its federal employee vaccine mandate into effect.
Further Reading
“Appeals Court Restores Biden’s Federal Employee Vaccine Mandate” (Forbes)
Source: https://www.forbes.com/sites/zacharysmith/2022/04/08/federal-vaccine-mandate-on-hold-white-house-reportedly-delays-enforcement/