The 5th US Circuit Court of Appeals in New Orleans rejected arguments that Biden, as the nation’s chief executive, has the same authority as the CEO of a private corporation to require that employe…
The 5th US Circuit Court of Appeals in New Orleans rejected arguments that Biden, as the nation’s chief executive, has theThe ruling from the full appeals court, 16 full-time judges at the time the case was argued, reversed an earlier ruling by a three-judge 5th Circuit panel that had upheld the vaccination requirement. Judge Andrew Oldham, nominated to the court by then-President Donald Trump, wrote the opinion for a 10-member majority.
And, Oldham noted, with the preliminary injunction arguments done, the case will return to that court for further arguments, when “both sides will have to grapple with the White House’s announcement that theOpponents of the policy said it was an encroachment on federal workers’ lives that neither the Constitution nor federal statutes authorize.
The broader court majority agreed, saying federal law does not preclude court jurisdiction over cases involving “private, irreversible medical decisions made in consultation with private medical professionals outside the federal workplace.”
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