On Thursday, April 7th, 2022, a U.S. appeals court panel reinstated an executive order under President Joe Biden mandating Covid-19 vaccinations for all federal employees. The federal appeals court overturned a lower court’s nationwide respite, which had been in effect since January.
The U.S. Court of Appeals of the Fifth Circuit ruled in a 2-1 decision Thursday evening that plaintiffs in the case brought forward over Biden’s executive order did not have standing in the federal circuit and should instead appeal to the Merit Systems Protection Board or Office of Special Counsel as provided by the Civil Service Reform Act. In its decision, the court vacated the injunction and ordered the district court, which issued it in Texas, to dismiss the case on remand.
Due to an injunction issued by a district court in Texas in January, federal agencies are not currently enforcing the executive order requiring federal employees to get vaccinated or request a religious or medical exemption.
At the time of the injunction, nearly 98% of federal employees were compliant with Biden’s executive order, 93% of which were given the vaccine. Most agencies have paused punishing non-compliance, with some exceptions.
The Fifth Circuit court previously decided not to maintain the injunction after the Biden administration sought emergency relief.
In Feds for Medical Freedom v. Biden, the Biden administration argued that previous presidents had implemented policies affecting the conditions of work, such as drug and ethics policies. In his argument on behalf of the government, Justice Department attorney Charles Scarborough argued that the president of the United States is the CEO of the executive branch, so he is authorized to mandate its workforce.
The majority opinion, however, focused on another of the government’s arguments: that federal employees cannot seek relief before enduring a workplace penalty, as the Civil Service Reform Act sets up a system by which civil servants can seek redress only after the fact after an adverse action has been taken against them.
Note: When employees succeed in challenging MSPB, they can receive compensation for back pay.
The Plaintiffs Story: Feds for Medical Freedom
Plaintiffs challenging President Biden’s executive order are members of a newly formed union, Feds for Medical Freedom, representing Homeland Security Department employees. According to the union’s mission statement, its members are federal employees and contractors who have dedicated their professional lives to service. Despite the danger, they have continued to serve their country in the face of the pandemic.
Feds for Medical Freedom is petitioning the government and their employers not to terminate them after years of dedicated service because of health conditions or their medically informed decisions. Employees of the federal government work diligently to ensure that laws are enforced fairly for all citizens. The Feds For Medical Freedom ask only for the same extension of fairness when laws are enforced on federal employees. The union believes the mandate violates the informed consent of principles under the Federal Food, Drug, and Cosmetic Act (FFDCA). The Act was a set of laws initially passed by Congress granting authority to the Food and Drug Association (FDA) to regulate and maintain the safety of food, drugs, medical devices, and cosmetics.
Feds for Medical Freedom assert that Covid-19 can be contracted and spread by vaccinated and unvaccinated individuals. In an era when medical treatments and science are rapidly evolving, the union believes mandates discriminate against individuals based on a perceived disability.
According to the group, mandates requiring vaccination or losing your job do not allow for individual reviews and accommodations needed by longstanding federal law. The Feds for Medical Freedom strongly believe mandates direct government agencies to conduct unlawful medical inquiries.
Is The Federal Vaccine Mandate Issue Resolved?
Feds for Medical Freedom, which stresses that no president in the United States has ever mandated civil servants undergo medical procedures, convinced U.S. District Judge Jeffrey Brown to halt the mandate back in January with a nationwide preliminary injunction.
In vacating an injunction against President Joe Biden’s Covid vaccine mandate, the Fifth Circuit decided late Thursday that federal employees facing discipline for rejecting Biden’s order must go through an administrative process before approaching the D.C. Circuit. The administrative process mentioned means appealing to the MSPB, as discussed above.
However, The Feds for Medical Freedom’s official Twitter account expressed that the union was far from done seeking what they perceive to be justice and highlighted, for now, the injunction remains intact. Additionally, according to a statement posted to the top of the same account, the union of federal employees will continue to fight because the situation represents an overstretch of executive powers that impacts millions of Americans and causes significant emotional stress.
We will continue to provide updates and analysis on this ongoing, unsettled, and evolving matter. Should you have questions or concerns regarding the federal vaccination mandate, workplace discrimination, wrongful termination, questions regarding medical or religious exemptions, we welcome you to contact our experienced and skilled California employment litigation attorneys.
