Fifth Circuit Declines to Rule on Government’s Request to Put the Federal Employee Vaccine Mandate Back into Effect
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SUMMARY: On February 9, 2022, a panel of appeals judges voted 2-1 to leave in place a nationwide injunction halting the federal employee vaccine mandate. As I previously informed you, a federal district judge issued a nationwide injunction against the federal employee vaccine mandate. (See Chapter Presidents’ memorandum dated January 21, 2022.) The government immediately appealed that decision to the Fifth Circuit Court of Appeals and asked the court to block the injunction on an emergency basis. Yesterday, a three-judge panel of the appeals court voted 2-1 not to rule on the government’s motion at this time, saving a decision until the parties can submit more briefing to the court. Accordingly, the mandate is still halted pending further court proceedings. Litigation in that court could proceed over the coming months. Alternatively, the government may ask the Supreme Court to step in on an emergency basis and temporarily block the nationwide injunction. I will keep you posted on the status of the federal employee vaccine mandate as the litigation continues.
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