A federal appeals court has upheld President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19
Judges Carl Stewart and James Dennis, both nominated to the court by President Bill Clinton, were in the majority. Judge Rhesa Barksdale, a senior judge nominated by President George H.W. Bush, dissented, saying the relief the challengers sought does not fall under the Civil Service Reform Act cited by the administration.A different panel had refused in February to block Brown's ruling pending the appeal. That panel’s vote was 2-1.
But there was a lengthy dissent by Judge Stephen Higginson, a nominee of President Barack Obama, who said a single district judge “lacking public health expertise and made unaccountable through life tenure,” should not be able to block the president from ordering the same type of COVID-19 safety measures many private sector CEOs have ordered.
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