SUMMARY: On April 7, 2022, the Fifth Circuit vacated a lower court injunction that halted the federal employee vaccine mandate.

In January, a federal district judge in Texas issued a nationwide injunction against the federal employee vaccine mandate, temporarily preventing its enforcement. The government immediately appealed that decision to the Fifth Circuit Court of Appeals.

Today, that appellate court vacated the nationwide injunction. A majority of the three-judge panel concluded that the district court did not have jurisdiction to consider the plaintiffs’ challenge because they were required under applicable law to go to the Merit Systems Protection Board first, before proceeding to court. The Fifth Circuit sent the case back to the district judge with instructions to dismiss the plaintiffs’ challenge to the mandate.

The plaintiffs have the option of appealing to the Supreme Court and asking it to reverse the Fifth Circuit’s decision. Because the injunction was vacated, however, the government may begin taking steps to enforce the mandate once again. I will let you know as soon as we learn more. 

Anthony M. Reardon

National President