A federal appeals court on Thursday upheld a lower court decision to block the government from enforcing its COVID-19 vaccine requirement on federal employees — reversing a previous ruling from a smaller panel of its own judges.
The 5th Circuit Court of Appeals ruled in a rare en banc rehearing that a preliminary nationwide injunction on the vaccine mandate should remain in place while the case proceeds.
The decision overturns that of a three-judge appeals panel, which ruled last April to uphold the Biden administration’s vaccine mandate for federal employees.
At issue is whether the Texas district court that ordered the preliminary injunction had the jurisdiction, given the existence of the Civil Service Reform Act (CSRA), which protects employees from unfair or unwanted practices by federal employers.
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