The 5th Circuit Court of Appeals ruled on Thursday that President Biden’s COVID-19 vaccine mandate can remain in place, overturning a ruling by a lower court.
The New Orleans-based court’s decision ordered the lawsuit challenging the mandate be dropped. The 2-1 ruling says the federal judge in the lower court does not have jurisdiction in the case.
Biden issued a mandate on September 9 requiring all federal workers to be vaccinated against COVID-19.
Judge Stephen Higginson, in a long dissent, said a single judge “lacking public health expertise and made unaccountable through life tenure,” should not be able to block the president from ordering the same type of COVID-19 safety measures many private sector CEOs have ordered.”
The ruling essentially views the president as a CEO, which gives him the right to require vaccinations for federal workers.
ARTICLE: LAURA SPIVAK
MANAGING EDITOR: CARSON CHOATE
PHOTO CREDITS: NEW YORK TIMES
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