The Federal Court of Appeals has reinstated President Biden’s obligation to vaccine the COVID-19 vaccine to the federal workforce, overturning the national suspension of lower courts that had been in force since January.

The plaintiffs who filed the proceedings over Biden’s presidential order were not standing in the Federal Circuit, a committee of the Fifth Circuit Court of Appeals said in a 2-1 opinion Thursday night, instead through merit. The System Protection Commission or the Special Advisory Board as stipulated in the Civil Service Reform Act, which must pursue appeals. The court revoked the injunction and instructed the Texas District Court that issued it to dismiss the proceeding in the case of a remand.

Federal agencies are now in the Texas District Court Injunction In January. About 98% of federal officials were in compliance with Biden’s presidential directive at the time of the injunction, and 93% were vaccinated.In some exception, Government agencies have suspended punishing non-compliant workers or arranging requests for religious or medical exemptions. After the Biden administration sought emergency relief, the Fifth Circuit previously refused to maintain the injunction.

The Biden administration immediately appealed the district court’s decision Federal Government vs. Biden for Medical FreedomLast month, the former president claimed to have executed orders affecting working conditions such as drugs and ethical policies. Charles Scaborow, a Justice Department lawyer who claims to represent the government, said the president is the chief executive officer of the government and therefore has the authority to order its workforce. He added that market constraints would prevent the president from abusing his power.

However, these arguments were not taken up in the opinion of the majority, but instead were based on another issue of the government. The Civil Service Reform Act sets out a system that civil servants must do, so federal officials cannot seek relief before actually fines the workplace. Go before MSPB only after unfavorable behavior.

“You can’t participate and challenge in advance,” Scarborough said, and the current system allows employees to regain their salaries if they succeed in challenging MSPB.

Judge Karl Stewart, who wrote the ruling on behalf of himself and Judge James Dennis, said that the Fifth Circuit previously prohibited the district court from ruling federal statutory and constitutional claims under the Civil Service Reform Act. He said he had ruled that he was.

Plaintiffs, a newly created union representing employees of the federal government and the Department of Homeland Security for medical freedom, said: [Civil Service Reform Act’s] An exclusive review scheme, “said Stewart. “There is no dispute that plaintiffs are not trying to take advantage of this possibility. [civil service act] A remedy that can provide meaningful reviews. ”

Judge Rhesa Barksdale opposed this decision, stating that there was no government action yet for employees to appeal to the MSPB. Instead, he argued that the issue depended on Biden’s attempt to “impose a radical mission on the federal private labor force.”

This decision could create a new wave of work for federal agencies, but it can also save them some money. The administration said the injunction left scrambling to overhaul their return plans, as they were designed with the execution of their mission in mind.In addition, the White House is the biggest Additional $ 5 million Every week, an injunction is issued to test COVID-19 for unvaccinated employees.

When the injunction was issued, the agency was in danger of executing the mandate through a suspension. The White House did not immediately respond to requests for comment, but the government’s safer federal labor task force is likely to oversee the re-implementation of the mission. The federal government for medical freedom, which may seek further appeals in front of the full fifth circuit or the Supreme Court, declined to comment on Thursday. Individual employees may file a proceeding with the MSPB and appear in the Federal Circuit Court of Appeals, even if they appeal further after the initial decision. The Supreme Court has already ruled two vaccine obligation cases in January, so it may be less likely to consider this case.

Opponents of Biden’s mission to federal workers have pursued more than a dozen proceedings seeking to withdraw the order, but have not yet succeeded in other courts. The court suspended or withdrew the president’s order affecting large private employers and federal contractors.