June 27, 2022

COVID-19 Vax Mandate Making News (Again)

In this flip-flop, ping-pong sequence of events, it seems President Biden’s Executive Order (EO) 14043 is again on hold.  Quick recap:

  • On September 9, 2021, President Biden issued an EO 14043, which required all federal employees to be vaccinated against COVID-19.
  • In January 2022, a Texas court stayed or put a hold on the EO, effectively blocking it nationwide.
  • On April 7th, the 5th U.S. Circuit Court of Appeals issued an en banc decision, in a vote of 2-1, that overruled the Texas court, and put the EO back in play.  An en banc decision is one issued by just three of the five seated judges. That ruling was set to take effect on May 31st. But, before it did so, a petition was filed for the full panel of the 5th Circuit to hear the appeal.
  • On June 27th, the 5th U.S. Circuit Court of Appeals agreed to hear the appeal and delayed enforcement of EO 14043 in the interim.  The case may be heard in September.

What are the workforce implications beyond the public sector

  1. If you are a government contractor, your government client might have a bit more understanding of the challenges you have faced as they deal with them now.
  2. Perhaps they should not, but national and world events do shape legal interpretations. Perhaps tales of woe regarding airline delays, cancelled flights, military discharges and staffing challenges – all associated in some media with this federal COVID-19 mandate, true or not – just might be impacting and shaping legal interpretations and precedents.  Stay tuned.