The U.S. Court of Appeals for the Fifth Circuit in New Orleans has upheld a lower court ruling blocking President Joe Biden's COVID-19 vaccine mandate from being enforced.
Fox News contributor Dr. Marty Makary reacts to studies on the effectiveness of the COVID-19 vaccine and mask mandates on 'Fox News @ Night.'The U.S. Court of Appeals for the Fifth Circuit in New Orleans reversed aof the same court that had upheld the vaccination requirement. At a rare en banc rehearing, the full court rejected the government's argument that courts don't have jurisdiction over pre-enforcement challenges to Biden's vaccine mandate.
President Biden issued an executive order in September 2021 requiring all federal employees to get vaccinated against COVID-19 or face disciplinary action, including termination. A federal judge blocked the administration from enforcing the mandate in 2022.concluded that federal employees could take their case to court because they were challenging Biden's authority on constitutional grounds.
"When the parties proceed to the merits in the district court, the plaintiffs will have to prove that whatever injunction they request is broad enough to protect against their proven injuries and no broader. And the Government will have another chance to show that any permanent injunction should be narrower than the preliminary one. And both sides will have to grapple with the White House’s announcement that the COVID emergency will finally end on May 11, 2023," the court wrote.
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