Even though President Biden has revoked his mandate that all federal employees receive a COVID-19 vaccine, his administration is requesting that the Supreme Court vacate the decision that blocked the requirement in order to prevent a wider, precedent-setting ruling that would diminish presidential authority, Government Executive reported on Monday.
Biden’s withdrawal of the mandate came after the U.S. Court of Appeals for the Fifth Circuit ruled the president overstepped his authority in mandating "private, irreversible medical decisions."
The plaintiffs have requested that the U.S. Court for the Southern District of Texas, where the case originated and now awaits final action, immediately and permanently kill the mandate.
But the Biden administration wants the case dismissed as no longer relevant and has asserted that the president has long had the power to set policy concerning the conduct of federal employees. They say civil servants must advance grievances to procedures per the processes spelled out in the Civil Service Reform Act.
The Justice Department requested that the Supreme Court vacate the ruling against the administration and instruct the district judge to dismiss the case as moot, since many of the issues at stake in the appeal to the Fifth Circuit “are no longer the subject of any live controversy.”
The Biden administration expressed concern about the precedent set by the appellate court, saying that it could open the door to employees regularly finding workarounds to civil service laws by bringing their cases to federal courts.
But the plaintiffs, Feds for Medical Freedom and a union representing some Homeland Security Department employees, insist an affirmative ruling by the court issuing a permanent injunction would help resolve any future uncertainty regarding the validity of such an executive branch mandate.
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.
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