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Second Appeals Court Backs Federal Employee Vaccine Mandate
FedSmith.com ^ | 4/19/2022 | Ian Smith

Posted on 04/20/2022 5:19:13 PM PDT by ducttape45

A second appeals court has upheld the vaccine mandate for federal employees that was issued by President Biden last year.

A panel of the 4th U.S. Circuit Court of Appeals unanimously said that federal employees cannot sue over the vaccine mandate and must instead challenge the mandate through the usual appeal channels available to the federal workforce through the Civil Service Reform Act (CSRA). In other words, federal employees would have to face discipline for refusing to get the COVID vaccine before they could appeal the decision administratively.

The 5th Circuit Court of Appeals came to the same conclusion earlier this month when it upheld the Biden administration’s vaccine mandate.

The Biden administration initially said it would not reinstate the federal employee vaccine mandate but then also was petitioning the court to allow the mandate to be immediately reinstated.

According to Reuters, the Justice Department told the court that it should be allowed to immediately resume enforcing the mandate because it is “justified by the serious ongoing harm to the public interest and to the government.”

As of right now, the Biden administration has not issued any additional information regarding resuming enforcement of the federal employee vaccine mandate via the Safer Federal Workforce Task Force.


TOPICS: Health/Medicine; Military/Veterans; Miscellaneous
KEYWORDS: clintonjudge; deborahkchasanow; dmaryland; mandate; rapinbilljudge; vaccine; vaccinemandate
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Anyone else here surprised by this? Not me.

Notice how it says, "A panel of the 4th U.S. Circuit Court of Appeals." Apparently these courts are letting more 3 person panels make the decision for the whole circuit court. Hopefully this can go en banc and get overturned.

1 posted on 04/20/2022 5:19:13 PM PDT by ducttape45
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To: boxlunch; M Kehoe; WinMod70; Irish Eyes; Sequoyah101; little jeremiah; laplata; 5th MEB; ...

Vaccine Update Ping List


2 posted on 04/20/2022 5:20:20 PM PDT by ducttape45 (Proverbs 14:34, "Righteousness exalteth a nation: but sin is a reproach to any people.")
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To: ducttape45
The panel that decided unanimously to order the dismissal of Rydie and Fleming’s lawsuit included judges J. Harvie Wilkinson III, who was nominated to the court by Ronald Reagan, Albert Diaz, who was nominated by Barack Obama, and Julius Richardson, who was nominated by Donald Trump.
3 posted on 04/20/2022 5:24:06 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ducttape45

https://www.ca4.uscourts.gov/opinions/212359.U.pdf


4 posted on 04/20/2022 5:25:51 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ducttape45

Keeping the thumb down. And who appointed these judges.


5 posted on 04/20/2022 5:29:03 PM PDT by glimmerman70
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To: kiryandil

Robes have failed.


6 posted on 04/20/2022 5:29:12 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: ducttape45

” In other words, federal employees would have to face discipline for refusing to get the COVID vaccine before they could appeal the decision administratively.”

Well, it sounds like this is not ruling on the legal merits of the mandate at all, just ruling that the employees have to suffer actual harm (being disciplined and exhausting their normal appeals under the civil service law) before they have standing to ask the court to intervene.


7 posted on 04/20/2022 5:30:20 PM PDT by Boogieman
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To: ptsal
Robes have failed.

The Robes are not bound by the mandates.

8 posted on 04/20/2022 5:30:24 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ducttape45

Misleading headline. The court did not back the mandate. They just ruled the plaintiffs did not go through the proper channels.


9 posted on 04/20/2022 5:31:04 PM PDT by sunny bonobo
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To: Boogieman

Well, it sounds like this is not ruling on the legal merits of the mandate at all, just ruling that the employees have to suffer actual harm (being disciplined and exhausting their normal appeals under the civil service law) before they have standing to ask the court to intervene.
________________________________________
True. Just another crap headline from the press.


10 posted on 04/20/2022 5:32:58 PM PDT by sunny bonobo
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To: ducttape45

Federal judges are employees of Fedzilla.

They will always protect Fedzilla.


11 posted on 04/20/2022 5:33:11 PM PDT by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: ducttape45

https://realrawnews.com/2022/04/military-sentences-fauci-to-hang/


12 posted on 04/20/2022 5:49:54 PM PDT by Diogenesis (Si vis pacem, para bellum)
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To: Lurkinanloomin

they are now murderers KNOWINGLY before the fact.

murderers in black robes protecting child rapists
and eaters-of-terrified-children.

that is why they wear black robes over their red shoes.


13 posted on 04/20/2022 5:51:14 PM PDT by Diogenesis (Si vis pacem, para bellum)
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To: glimmerman70

It’s in there, or #3.


14 posted on 04/20/2022 5:52:14 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVds)
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To: ducttape45

That is the process. Most courts will dismiss a suit where other remedies exist. Then losses in the administrative procedures can be appealed in the courts.


15 posted on 04/20/2022 5:52:57 PM PDT by jimfree (PD)
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To: ducttape45

Every employer has the right to make rules for employees. It is never the other way around.


16 posted on 04/20/2022 6:04:59 PM PDT by entropy12 (Blockade of Cuba by USA was OK by neocons, but Russia must tolerate NATO weapons on its border!)
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To: ducttape45

“Anyone else here surprised by this? Not me.”

Not me, either. Legally, it was the right ruling. The proper course is through the civil service commission, as federal employees are subject to civil service rules and regulations.


17 posted on 04/20/2022 6:05:12 PM PDT by ought-six (Multiculturalism is national suicide, and political correctness is the cyanide capsule. )
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To: Diogenesis

Stop the BS. 255 million Americans have already been jabbed. I have not seen 255 million dead in news. Not even 255,000 (that would be 0.01%). Hospital admittance has a far higher kill ratio than the jabs.


18 posted on 04/20/2022 6:07:22 PM PDT by entropy12 (Blockade of Cuba by USA was OK by neocons, but Russia must tolerate NATO weapons on its border!)
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To: entropy12

“Hospital admittance has a far higher kill ratio than the jabs.”

what kind of BS is this??

https://realrawnews.com/2022/04/bidens-health-chief-praises-chinas-covid-death-camps/


19 posted on 04/20/2022 6:16:49 PM PDT by Diogenesis (Si vis pacem, para bellum)
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To: ptsal

And Republicans ...


20 posted on 04/20/2022 6:22:04 PM PDT by Rocky Mountain Wild Turkey ("I have an open mind ... just not so open that my brain falls out onto the floor!!")
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