Court rehears fight over vaccine mandate for federal workers

Legal Analysis

President Joe Biden has the same authority to impose a COVID-19 vaccine requirement on federal workers that private employers have for their employees, an administration lawyer told a federal appeals court Tuesday.

A lawyer for opponents of the vaccine requirement, which has been blocked nationwide by a federal judge in Texas, said the requirement imposes an “unconstitutionally intolerable choice” for executive branch workers — taking a vaccine they don’t want or losing their jobs.

Judges on the appeals court meanwhile questioned how far the chief executive’s authority goes, asking, theoretically, whether the president could require employees to meet certain healthy body weights or forbid them from smoking at home.

It was the second time arguments on the issue were heard before the 5th U.S. Circuit Court of Appeals. A three-judge panel of the same court had upheld the Biden requirement for executive branch workers, overturning the Texas judge.

But the full appeals court, currently with 16 active members, vacated the panel ruling and agreed to rehear the case. There was no indication when the court would rule.

Administration lawyers argue that the employees opposing the mandate should have taken their objections not to federal court but to a federal review board, in accordance with the Civil Service Reform Act. The administration also argues that the president has the same authority, under the Constitution, as the CEO of a private corporation to require that employees be vaccinated.

Related listings

  •  New lawsuit seeks reinstatement of NY congressional maps

    New lawsuit seeks reinstatement of NY congressional maps

    Legal Analysis 05/03/2022

    A group of New York voters asked a federal court Monday to reinstate Congressional district maps tossed out by state judges last week because they were gerrymandered to favor Democrats.The lawsuit, filed in Manhattan, argued that even if those maps w...

  • Appeals court upholds guilty verdicts in NCAA bribes case

    Appeals court upholds guilty verdicts in NCAA bribes case

    Legal Analysis 06/04/2021

    The convictions of a sports business manager and an amateur basketball coach in a conspiracy to bribe top college coaches to get them to steer NBA-bound athletes to favored handlers were upheld Friday by an appeals court. The ruling by the 2nd U.S. C...

  • Supreme Court: Guam can pursue $160M dump cleanup lawsuit

    Supreme Court: Guam can pursue $160M dump cleanup lawsuit

    Legal Analysis 05/25/2021

    The Supreme Court says the U.S. territory of Guam can pursue a $160 million lawsuit against the federal government over the cost of cleaning up a landfill on the island. The justices on Monday unanimously overturned a lower court decision that had sa...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.