Appeals Court Allows Block On Federal Employee Vaccine Mandate To Stand
President Joe Biden's requirement that all federal employees get vaccinated against covid remains on hold after the 5th US Circuit Court of Appeals voted 2-1 not to lift a lower court's ruling. The case is likely heading to the Supreme Court.
Reuters:
U.S. Appeals Court Will Not Block Order Barring Biden Federal Staff Vaccine Mandate
A U.S. appeals court panel on Wednesday declined to block a lower court ruling that President Joe Biden could not require federal employees to be vaccinated against the coronavirus. By a 2-1 vote, the 5th Circuit Court of Appeals declined to stay the lower-court injunction. Judge Stephen A. Higginson dissented noting a dozen district courts rejected requests to block the vaccine rule while a single district judge issued an injunction. (Shepardson, 2/9)
CNN:
Appeals Court Refuses To Reinstate Federal Employee Vaccine Mandate While It Reviews Case
A federal appeals court said Wednesday it would not reinstate President Joe Biden's Covid-19 vaccine mandate for federal employees while it reviews a lower court's order putting the requirement on hold -- potentially setting the stage for the case to go to the Supreme Court. The 5th US Circuit Court of Appeals did not explain its reasoning in the unsigned order that said the court was expediting its review of the case. The court said the Biden administration's request to put the lower court's ruling on hold was being "carried with the case," signaling that the appeals court would not rule on the request until it had conducted a fuller review of the case. (Sneed, 2/9)
In related news about vaccine mandates —
The Hill:
Biden Faces Possible Trucker Threat
President Biden is facing the possibility of truck driver protests mirroring those in Canada over vaccine mandates that would come as the administration works to combat supply chain disruptions, vaccinate more Americans and strengthen the U.S. economy. The Department of Homeland Security (DHS) on Wednesday warned police partners of protests similar to those in Canada that it said could even disrupt the Super Bowl or the State of the Union address. (Gangitano, 2/9)
Modern Healthcare:
Revamped Challenge To Vaccine Policy Still Has No Legs, Experts Say
Several states' revamped challenge to the federal COVID-19 vaccine mandate for healthcare workers likely won't make a difference in the policy's fate, but it raises new questions that could catch a judge's eye, lawyers say. Louisiana is leading 15 other states in an amended complaint filed last week against the COVID-19 vaccine mandate for healthcare workers at Medicare and Medicaid-certified facilities. The states argue in a motion to the United States District Court for the Western District of Louisiana that the Centers for Medicare and Medicaid Services improperly added state surveyors to the list of staff covered by the mandate, and say omicron's ability to spread despite vaccines makes the policy meaningless. (Goldman, 2/9)
Cincinnati Enquirer:
Cincinnati Hospitals Mum As Health Workers Face Vaccine Mandate
Health workers across the Cincinnati region are facing a Feb. 14 deadline to be vaccinated against COVID-19 after a U.S. Supreme Court ruling upheld mandates for medical facilities federally funded by Medicare and Medicaid last month. Yet the region's health systems, which face fines if they don't comply with the rules, aren't saying much about the impending deadline, other than they will follow the mandate. The healthcare providers generally won't: Detail how many of their workers are unvaccinated. (Sutherland, 2/10)
The Atlantic:
Vaccine Hesitancy Has Seeped Into Home Health Care
There was the home health attendant who sucked her thumb before touching household items. And the one who brought her unvaccinated 4-year-old into the apartment where Mary and her immunocompromised husband live, near Pittsburgh, Pennsylvania. And the one who came by after her day shift at a nursing home. Many of the aides who circulated through Mary’s household were vaccine-hesitant or outright anti-vax; many wore their mask improperly while in the apartment, she told me. A few came in with sneezes, sniffles, and coughs that—as Mary and her husband learned only after asking—were symptoms of an active COVID-19 infection. (Renault, 2/9)
