The new order vacates an earlier ruling that upheld the mandate.
The new order from the 5th U.S. Circuit Court of Appeals in New Orleans vacates an earlier ruling by a three-judge panel that upheld the mandate. The new order means a block on the mandate imposed in January by a Texas-based federal judge remains in effect, while the full court’s 17 judges take up the appeal.
U.S. District Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by then-President Donald Trump, issued a nationwide injunction against the requirement in January. At the time, the White House said 98% of federal workers were already vaccinated.In February, a 5th Circuit panel refused to block Brown’s ruling pending appeal.
Judges Carl Stewart and James Dennis, who were nominated to the 5th Circuit by Democratic President Bill Clinton, were in the majority. Judge Rhesa Barksdale, a senior judge nominated by Republican 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.
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