Court rehears fight over vaccine mandate for federal workers
Family Law
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
-
Louisiana seeks suspension of block on enforcement
Family Law 07/22/2022A day after a state judge blocked enforcement of Louisiana’s abortion ban, state officials asked the same judge to suspend his own ruling while they pursue an appeal.Lawyers for state Attorney General Jeff Landry and health secretary Courtney P...
-
Kentucky judge extends block of state’s abortion ban
Family Law 07/20/2022A Kentucky judge granted an injunction on Friday that prevents the state’s near-total ban on abortions from taking effect, meaning the state’s two clinics can continue providing abortions, for now.Jefferson Circuit Judge Mitch Perry&rsquo...
-
No state charge for billionaire Sanford in child porn probe
Family Law 05/28/2022investigation into possible possession of child pornography, saying it found no “prosecutable offenses” within the state’s jurisdiction, according to a court document filed Friday.Sanford, a banker turned philanthropist, is the stat...
USCIS to Begin Accepting Applications under the International Entrepreneur Rule
U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.
Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.
However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.