US Appeals Court Clears Biden’s COVID-19 Vaccine Mandate for Federal Employees

By Zachary Stieber

Updated: April 7, 2022

President Joe Biden’s COVID-19 vaccine mandate for federal workers is back in effect after a federal appeals court ruling on April 7.

A panel on the U.S. Court of Appeals for the Fifth Circuit entered the ruling, overturning a district judge’s earlier block of the mandate.

U.S. District Judge Jeffrey Brown, a Trump appointee, had concluded that Biden lacked the statutory authority to issue the mandate. Two judges on the appeals court panel did not directly address that matter, but found that plaintiffs, a group of federal employees, should have taken their complaints to different venues.  (See link for article)

Court Reinstates Vaccine Mandate for Federal Workers, But White House Delays Enforcement

A federal court on Thursday upheld the Biden administration’s COVID-19 vaccine mandate for federal employees, but the White House told federal agencies “procedural steps” need to take place before the mandates can be enforced.


Hours after the ruling, the White House told federal agencies to hold off on reinstating the mandates that would affect about 3.5 million workers.

According to The Washington Post, White House officials cautioned “there are still procedural steps that need to take place to lift the injunction, and it’s unclear when the agencies might begin enforcing the mandate.”

Commenting on Thursday’s ruling, Mary Holland, president and general counsel at Children’s Health Defense (CHD), said:

“CHD regrets the 5th Circuit’s decision to reimpose President Biden’s COVID vaccine mandate for federal workers. We support the federal workers who continue to press their claim that an experimental gene therapy vaccine mandate is an illegitimate use of federal power.”

(See link for article)
The White House claims 97% of federal employees are already “vaccinated,” yet 70% of COVID cases are in the vaxxed.



  • The appeals court judges (both Clinton appointees) state the employees, under the Civil Service Reform Act of 1978 (CSRA),  should have taken the issue to the Merit Systems Protection Board.
  • If the workers prevailed with their complaint, the board can then order an agency to reinstate the worker or undertake other measures.
  • Employees who disagree with this process can then appeal to the federal appeals court.
  • In other words, the employees didn’t say “mother may I” to the right bureaucrats and due to their fax pax, mandates are for the moment legally rammed through.
  • The case has been remanded to U.S. District judge Jeffrey Brown (a Trump appointee) with instructions to dismiss it.
  • Judge Rhesa Barksdale (A George Bush appointee) dissented and states the “enactment of an executive order,” in this case a “vaccine” mandate, does not constitute an adverse action subject to the CSRA and describes the case as “a pre-enforcement challenge to a government-wide policy, imposed by the President, that would affect 2.1 million federal workers including the 6,000 members of Feds for Medical Freedom.”
  • The mandate was issued when the Delta variant was circulating and data shows the shots:
The issue of the mandates exceeding the president’s authority still hasn’t been addressed.

Important quote by the dissenting Barksdale:

“Simply put, CSRA does not cover pre-enforcement employment actions, especially concerning 2.1 million federal civilian employees. The district court, therefore, had subject-matter jurisdiction to hear plaintiffs’ claims,” added Barksdale, the other judge on the panel that decided on the motion to lift the injunction.

In other words, she states the workers did the right thing by going directly to the federal appeals court.

Another great example of government bureaucrats simply kicking the football down the field to another agency rather than to making a clear and simple ruling based upon the constitution which clearly gives the individual freedom in medical decisions.

In this interview at the Defeat The Mandates rally in Washington, D.C. on January 23, 2022, Steve Kirsch stressed that the government should not dictate what people do in their own medical choices, especially given the mandated products are proven to be outrageously unsafe. Further, he brings up the important point that if the shots are so “safe and effective,” then there should be no problem with “vaccine” manufacturers being held liable for damages. As it stands, these manufacturers are completely protected and shielded legally and have no incentive to create safe & effective products.

When the pandemic hit, Mr. Kirsch put his regular business in the hands of his co-founder and fully dedicated himself to finding an effective treatment for COVID-19. Using his engineering background, he did extensive research and consulted leading medical experts on the front lines of the pandemic — contacts from his past 20 years of funding medical research for glaucoma, diabetes, and cancer.

Steve Kirsch can be found here.

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