President Joe Biden’s COVID-19 vaccine mandate for federal workers is back in effect after a federal appeals court ruling on April 7. 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 …
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