Court blocks vaccine mandate for federal employees A

New Post Public Reply Private Reply Replies (1) Message Board
energy_wave
220
Court blocks vaccine mandate for federal employees

Quote:
A federal judge in Texas ruled Friday that the Biden Administration cannot enforce its vaccine mandate for federal employees, issuing an injunction that halts the requirement nationwide.

Judge Jeffrey Brown found the president had no legal authority to require feds to get vaccinated, saying that while he has broad power over federal employment policies, those authorities aren’t sweeping enough to justify the September executive order that implemented the requirement.

“This case is not about whether folks should get vaccinated against COVID-19 — the court believes they should,” he wrote. “It is not even about the federal government’s power, exercised properly, to mandate vaccination of its employees. It is instead about whether the president can, with the stroke of a pen and without the input of Congress, require millions of federal employees to undergo a medical procedure as a condition of their employment. That, under the current state of the law as just recently expressed by the Supreme Court, is a bridge too far .”

The government had told the court that federal employees could start being disciplined for being unvaccinated as soon as Jan. 21. The timing, the judge found, put those employees at risk of “imminent harm,” and required his order to take effect the same day.

Insight by Sonatype: Stephan Mitchev, acting CTO at USPTO, discusses how USPTO is looking at supply chain issues to address cybersecurity concerns. Dr. Stephen Magill, VP of product innovation at Sonatype, provides an industry perspective.

In deciding the president didn’t have the authority to issue the federal employee mandate, the judge relied partly on the Supreme Court’s recent decision striking down the Occupational Safety and Health Administration’s vaccine mandate for large private employers. He said that case — NFIB v. OSHA — made clear that that agency can impose workplace safety standards, but not public health measures.

“Similarly, [the law] authorizes the president to regulate the workplace conduct of executive-branch employees, but not their conduct in general,” he wrote. “And in NFIB, the Supreme Court specifically held that COVID-19 is not a workplace risk, but rather a ‘universal risk’ that is ‘no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases.’”

The executive order Judge Brown enjoined Friday applied specifically to federal civilian employees. The ruling did not appear to have an immediate effect on the Defense Department’s separate vaccine mandate for uniformed members of the military.

The decision came as part of a lawsuit by a group called Feds for Medical Freedom, which says it has about 6,000 members throughout the civil service, and AFGE Local 918, a union that represents employees in the Federal Protective Service and the Cybersecurity and Infrastructure Security Agency. The groups had sued to block both the administration’s federal employee mandate and its federal contractor vaccine mandate, but the judge declined to rule on the contractor portion, since that mandate is already the subject of a separate nationwide injunction by a court in Georgia.

Explaining his decision to apply the injunction to all federal agencies nationwide, the judge said it would be too complicated to block the mandate’s enforcement only for the thousands of employees the plaintiffs represent. He found at least some of them would inevitably be fired if the vaccine requirement weren’t blocked.

“The court does not have to speculate as to what the outcome of the administrative process will be. Many plaintiffs have not only declined to assert any exemption but have also submitted affidavits swearing they will not. The court takes them at their word,” he wrote. “Many of these plaintiffs already have received letters from their employer agencies suggesting that suspension or termination is imminent, have received letters of reprimand, or have faced other negative consequences.”

The Justice department plans to appeal the ruling; a separate appeal seeking to reverse the Georgia court’s injunction of the contractor mandate is already underway before the 11th Circuit Court of Appeals.

“We are confident in our legal authority here,” Jen Psaki, the White House Press Secretary said at a briefing shortly after the ruling. She added that 98 percent of federal employees are now vaccinated as of Friday.


https://federalnewsnetwork.com/workforce/2022...employees/
big-wave_surfing_01.jpg
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Herzog Joins Greenberg Traurig: A Litigation Powerhouse

Updated Category News Views 4

Greenberg Traurig Welcomes David M. Herzog to the Team Ah, the rat race of litigation just got a bit fiercer with Greenberg Traurig's latest acquisition: David M. Herzog. This isn’t just another lawyer joining the ranks; Herzog's a dynamo, coming in hot from the U.S. Attorney's Office, right onto the battlefield of corporate litigation. Why Herzog's Move Matters...

Continue Reading
Spencer Spirit Completes Hot Topic Acquisition

Updated Category News Views 2

Merging Forces in Retail In the latest retail reshuffle, Spencer Spirit Holdings has wrapped up its acquisition of Hot Topic, Inc., alongside its eclectic sub-brands: BoxLunch and Her Universe. This move doubles down on Spencer Spirit's ambitions to tighten its grip on the mall-based specialty retail game. If you're an investor looking for a shake-up that could redefine...

Continue Reading
DUNKMAN's Slam Dunk Expansion Plans for 2027

Updated Category News Views 3

More Than Just A Dunk Contest You ever heard of a slam dunk that turns into something bigger than the game itself? Well, Shaquille O'Neal's DUNKMAN is proving just that. Born from the vision of O'Neal and Authentic Brands Group, this beast of an entity isn't just about dunks anymore—it's a whole darn league carving out space in the sporting world. From Inaugural Sparks...

Continue Reading
Aurra Markets Wins 'Most Transparent Broker' Award 2026

Updated Category News Views 1

Spotlight on Transparency in Trading Alright, so Aurra Markets snagged the 'Most Transparent Broker' award at the Money Expo in Mumbai this year. From the greasy streets of trading floors to the polished halls of Jio World Convention Centre, transparency is one of those golden words you hear tossed around, but like finding a needle in a haystack, it’s not always easy to...

Continue Reading
Vanda Pharmaceuticals Steps Into September Investor Talks

Updated Category News Views 3

Vanda Pharmaceuticals Heads Into Key Investor Spotlights In the relentless quest for market edge, Vanda Pharmaceuticals Inc. (NASDAQ: VNDA) is setting the stage for what could be some telling moments in September 2026. Investors with a keen interest in the pharmaceutical realm should seat themselves upfront as Vanda takes the floor in a series of pivotal conferences. Each...

Continue Reading
XTransfer Revs Up Expansion in the UAE Market

Updated Category News Views 2

In the nitty-gritty world of B2B payments, securing a spot in a powerhouse like the UAE is no small potatoes. XTransfer just snagged an in-principle nod from the UAE Central Bank for a Retail Payment Services Licence, and that's got to feel like sweet validation for a company that's aggressively pushing its regulatory map beyond corners it's already conquered. Eyeing the...

Continue Reading
Associated Banc-Corp Preps for Barclays Financial Conference

Updated Category News Views 2

Associated Banc-Corp Heads to New York for Key Financial Services Conference Wake up and smell the coffee, folks—Associated Banc-Corp (NYSE: ASB) is set to make waves at the 24th Annual Barclays Global Financial Services Conference in New York. From September 14th to 16th, seasoned execs from ASB plan to rub elbows with the industry's heavy hitters, presenting their...

Continue Reading
Narwal Unveils 2026 AI Cleaning Lineup at IFA Berlin

Updated Category News Views 0

A Fresh Sweep with AI: Narwal's 2026 Lineup Hot off the press from Berlin's IFA 2026, Narwal is making some serious waves with its latest household cleaning gadgets. This isn't just another batch of robot helpers; Narwal's aiming to redefine what AI-driven cleaning can do for your home. FlowWash: Not Just Another Cleaning Gimmick Narwal's been at this game for over a...

Continue Reading
PGI's Award-Winning Febreze Cabin Air Filters Shines Again

Updated Category News Views 9

A Breath of Fresh Air for the Auto Aftermarket How often do you even think about the quality of air inside your vehicle? If you're like most folks, it's not often. But Premium Guard Inc. (PGI) has been busy changing that narrative. Their Febreze Cabin Air Filters just snagged the 2026 MOTOR Top 20 Awards, proving that they're not just a pretty face in the automotive...

Continue Reading
Joseph Spine Opens New Regenerative Therapy Center

Updated Category News Views 1

Regenerative Medicine: A New Frontier in Spine Care When spine care gets a facelift, you take notice. Joseph Spine Institute, a heavyweight in the spine care game, just threw hat into the regenerative ring. We're talking about using a patient's own cells to mend what's broken—that's advanced. They're launching a Regenerative Therapy Center in Tampa, ready to offer these...

Continue Reading

Top 5 Most Recently Viewed Articles

Enfinity Global Launches Commercial Solar Project for Microsoft

Updated Category News Views 89

Enfinity Global Announces New Solar Project Launch Recently, Enfinity Global declared the beginning of commercial operations for its inaugural project established through a partnership with Microsoft. This significant achievement occurs as part of a strategic effort to further the alignment of sustainable initiatives in the renewable energy landscape. First of Many: Solar...

Continue Reading
Farmmi Wraps Up $3M Public Offering Amid Market Waves

Updated Category News Views 6

Farmmi's Fresh Capital Injection: What's the Deal? Amidst a rocky market landscape, Farmmi, Inc. decides to toss $3 million worth of shares into the pot. You could say it's like throwing a lifeline in unpredictable waters. They've sold 7,000,000 Class A ordinary shares and pre-funded warrants for 5,000,000 more. Now, don't squint too hard—this whole deal was designed to...

Continue Reading
Strategists Recommend Investing in China and Equities

Updated Category News Views 67

Strategists Recommend Investing in China and Equities Recent insights from Evercore ISI highlight a significant opportunity for growth within China and its associated equities. The strategists at Evercore note that the current market conditions present attractive valuations and strong policy support, making it an opportune time to build positions in this sector. Market...

Continue Reading
LA CENTA Enhances Healthcare Access with New Office Launch

Updated Category News Views 158

LA CENTA Enhances Healthcare Access with New Office Launch LA CENTA proudly announces the opening of a new office, a significant move to broaden access to specialized healthcare in the region. This new location represents their commitment to improving healthcare access for all residents, particularly underserved communities. Commitment to Community Healthcare At LA CENTA,...

Continue Reading
TFI International Confirms Commitment to Canadian Corporation Status

Updated Category News Views 300

TFI International's Commitment to Its Canadian Roots In a recent announcement, TFI International Inc. has clarified its intention to maintain its status as a Canadian corporation, allaying any concerns from shareholders. This decision marks a significant move for the company, which had previously considered re-domiciling to the United States. The Feedback That Shaped...

Continue Reading