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.
To: boxlunch; M Kehoe; WinMod70; Irish Eyes; Sequoyah101; little jeremiah; laplata; 5th MEB; ...
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.")
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)
To: ducttape45
4 posted on
04/20/2022 5:25:51 PM PDT by
kiryandil
(China Joe and Paycheck Hunter - the Chink in America's defenses)
To: ducttape45
Keeping the thumb down. And who appointed these judges.
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
To: ducttape45
Misleading headline. The court did not back the mandate. They just ruled the plaintiffs did not go through the proper channels.
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)
To: ducttape45
12 posted on
04/20/2022 5:49:54 PM PDT by
Diogenesis
(Si vis pacem, para bellum)
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)
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!)
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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