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High Court Ends Suit over Coronavirus Vaccine Mandate, Leaves Underlying Issues Unresolved


The U.S. Supreme Court has ordered the dismissal of a suit over the Biden administration’s Coronavirus vaccination mandate for federal employees, agreeing with the administration that the case is moot since that mandate was lifted earlier this year.

The ruling came in response to a motion by the group bringing the suit, who asked the high court to allow a federal district judge to consider the merits of their claim that the mandate exceeded a President’s authority over the federal workforce.

The Biden v. Feds for Medical Freedom case was the lead case among the dozen brought after the mandate was issued in September 2021. Just as agencies were set to begin taking disciplinary actions against non-compliant employees in January 2022, a district judge issued a nationwide temporary injunction, ruling that the group was likely to prevail in its argument that the mandate went beyond the type of federal employment-related policy over which Presidents have broad authority.

That injunction stayed in place through a series of appeals and motions focusing mainly on whether the case had to first go through the MSPB appeals process before going into federal court. The full Fifth Circuit appeals court in March ruled that it didn’t, and sent the case back to the trial judge to consider full arguments on whether the mandate violated employees’ constitutional rights vs. whether it fell within a President’s powers to manage the workforce. Further action at the lower court was held up, though, pending possible action by the Supreme Court.

The issue before the high court also was one of legal procedure, involving standards for declaring a case moot. The Justice Department argued that there was no ongoing controversy to be decided since the mandate no longer exists, while Feds for Medical Freedom argued that the case should be allowed to continue because it involved important questions of federal employee rights that could arise again in another pandemic or other emergency situation.

The Supreme Court’s order did not directly address those issues, though, simply saying “The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit with instructions to direct the District Court to vacate as moot its order granting a preliminary injunction.” Justice Ketanji Brown Jackson dissented, saying that in her view the administration “has not established” an entitlement to have the case dismissed.

The outcome leaves unresolved the underlying legal issues of the extent of a President’s powers to set policies affecting federal employees outside the workplace by citing a work-related justification.

Also unresolved is the question of what, if any, types of federal personnel disputes can be brought directly into federal court, an issue that has been at the center of a number of cases in recent years. The Fifth Circuit decision allowing direct access to the courts in the vaccine mandate case contrasted with rulings of several other appeals courts holding that such a case had to go first through the administrative process.

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See also,

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Federal Retirement Red Flags to Avoid



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