2-1, College of 5th District Court of Appeals Lower court replaced And ordered to dismiss the appeal case. The decision, which was a rare success for the administration in the New Orleans Court of Appeals, said the federal judge had no jurisdiction over the case and those opposed to the request could use administrative remedies under the Civil Service Act.
U.S. District Judge Jeffrey Brown, then appointed by President Donald Trump to South Texas District Court, issued a nationwide ruling in January against the request.
When the case was heard in District 5 last month, administration attorneys noted that dozens of district judges in the jurisdiction refused to challenge the vaccine requirement for federal workers before Brown made a decision.
The administration argued that the constitution gave the president, as head of the federal labor force, the same authority as the chief executive officer of a private company to request vaccinations on staff.
Lawyers questioning the warrant pointed to a recent Supreme Court decision that the government cannot force private employers to request vaccinations on staff.
Twelve of the 17 active District 5 judges were appointed by Republicans to the court, including six appointed by Trump.
Judges Carl Stewart and James Dennis, who represented President Bill Clinton’s court, were in the majority. Judge Reza Barksdale, a senior judge appointed by President George W. Bush, objected, saying the opponents’ sought relief was not subject to the Civil Service Reform Act cited by the administration.
The case caused an ideological rift in the Court of Appeal even before the decision on Thursday.
Another panel refused to block Brown’s decision in February while the appeal was pending. The vote for this jury was 2-1. The majority did not indicate a reason: Judge Jerry Smith, presidential candidate Ronald Reagan, and Don Willett, candidate for Trump.
But there has been long -standing disagreement with President Barack Obama’s candidate Judge Stephen Higginson, who said a district judge with “no public health experience and no liability for life” should not bar the same kind of order. Many private sector CEOs have mandated security measures for COVID-19.
Source: Huffpost
