In a 2-1 ruling, according to reports, the appeals court reversed a lower court ruling and ordered a dismissal of a lawsuit challenging China Joe's mandate. The ruling, which is a rare win for the New Orleans-based appellate court, declares that the federal judge did not have jurisdiction in the case, and that those challenging the jab requirement could have pursued administrative remedies under Civil Service law.
Back in January, U.S. District Judge Jeffrey Brown, who was appointed by Donald Trump to the District Court for the Southern District of Texas, issued a nationwide injunction against Biden's mandate. That injunction is now dead in the water.
Last month when the case was argued before the 5th Circuit, administration lawyers noted that district judges in about a dozen different jurisdictions had rejected a challenge to the vaccine requirement for federal workers before Brown issued his injunction ruling.
"The administration argued that the Constitution gives the president, as the head of the federal workforce, the same authority as the CEO of a private corporation to require that employees be vaccinated," Fox News reported.
In their arguments, lawyers challenging the mandate pointed to a recent opinion from the Supreme Court about how the government cannot legally and constitutionally force private employers to require that their employees get injected as a condition of employment.
Fifth Circuit is mostly Republican and includes many Trump appointees, so what happened?
Some readers might be thinking: Well, the 5th Circuit Court of Appeals must be liberal, right? Wrong.
Twelve of the court's 17 active judges were nominated by Republicans, and six of these were appointed directly by Trump. Why, then, did they side with Biden and against the American people?
A different panel had previously refused to block Brown's ruling pending the appeal. That panel's vote was 2-1. Reasons for this were not given by the majority, which included Judge Jerry Smith, a nominee of Ronald Reagan, and Don Willett, another Trump nominee.
Judge Stephen Higginson, a Barack Hussein Obama nominee, did provide a lengthy dissent in which he said that a single district judge "lacking public health expertise and made unaccountable through life tenure" should not be allowed to block Biden from ordering that all employees take covid injections on command.
"They need to stop arguing if they have the power to force a worker to take a jab and argue the efficacy of what scientists say is an inoculation not a vaccine and the fact employees have no recourse for any problems arising from injecting the juice into their body," wrote someone at Fox about the matter.
"I can’t wait to see how this all plays out in the courts especially once it reaches the Supreme Court because it's simply unconstitutional," responded another. "Isn't this all coming from the same party who wants women to have the right to 'control their body' for abortions?"
Someone else brought up the Nuremberg Trials and the precedent that was set forbidding the mandate of any drug or vaccine without informed consent, period. Anything less than this standard is medical tyranny and fascism, and has no place in a supposedly "free" country like the United States.
"We are living in the most bizarre time in the United States history," said another.
"Supreme Court justices are appointed based on their skin and gender. We don't have enough gas and oil and we've been ordered by the president not to produce more. Government employees are being forced to get vaccines for an illness with symptoms less than a common cold. We're inviting people to invade our country and supporting them financially as they drag our economy down, flood us with opioids and drive up crime. And the most bizarre thing of it all is there are so many people that think it's okay and support it."
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