— The full appeals court on Thursday found that the case falls outside the jurisdiction of the CSRA because the federal workers are challenging the vaccine mandate on the grounds that Biden exceeded his authority.
The majority of the court rejected arguments from the Biden administration that the president has the same authority as a CEO of a private corporation to mandate vaccinations for its employees.
“Plaintiffs’ complaint does not challenge any personnel action reviewable under the CSRA. Nor does it challenge any personnel action they could hypothetically incur in the future,” Judge Andrew Oldham, a Trump nominee, wrote in Thursday’s opinion (pdf) for a 10-member majority. “Rather, plaintiffs claim that the President’s vaccine mandate violates the U.S. Constitution and the [Administrative Procedure Act].”
Oldham and the majority said that federal law does not apply to “private, irreversible medical decisions made in consultation with private medical professionals outside the federal workplace.” —
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