Article by Zachary Stieber from our premium news partners at The Epoch Times.
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.
Under the Civil Service Reform Act of 1978, the procedure for federal workers facing adverse actions may appeal to an entity called the Merit Systems Protection Board, which decides whether the worker was properly disciplined. If the worker prevails, the board can order an agency to reinstate the worker or undertake other measures.
Employees who disagree with the board can appeal to a federal appeals court.
The law “precludes district court adjudication of federal statutory and constitutional claims,” Judge Carl Stewart, a Clinton appointee, wrote in the decision.
He was joined by Judge James Dennis, another Clinton appointee.
The judges also said the plaintiffs could have challenged an agency’s proposed action against them before filing the suit and before getting vaccinated by filing a complaint with the Office of Special Counsel.
The ruling means the injunction against the mandate was lifted, with the case remanded to Brown with instructions to dismiss it.
At issue is a Sept. 9, 2021, executive order that alleged requiring federal workers to get a COVID-19 vaccine would help “slow the spread” of the virus that causes COVID-19. It was issued when the Delta variant of the CCP (Chinese Communist Party) virus was circulating. Omicron displaced Delta in late 2021. The current slate of vaccines didn’t halt transmission from Delta and provide little protection against infection from Omicron, but the Biden administration has not withdrawn various mandates, including the one that is now back in place.
The suit against the mandate was brought by Feds for Medical Freedom, a group comprised of federal workers, who said the order likely exceeded the president’s authority.
Plaintiffs did not immediately provide a response to the ruling.
Judge Rhesa Barksdale, a George H.W. Bush appointee, dissented from the majority.
Barksdale said the enactment of the executive order does not constitute an adverse action subject to the Civil Service Reform Act (CSRA) and described the case as “a pre-enforcement challenge to a government-wide policy, imposed by the President, that would affect the 2.1 million federal civilian workers, including the 6,000 members of Feds for Medical Freedom.”
“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.
Will America-First News Outlets Make it to 2023?
Things are looking grim for conservative and populist news sites.
There’s something happening behind the scenes at several popular conservative news outlets. 2021 was bad, but 2022 is proving to be disastrous for news sites that aren’t “playing ball” with the corporate media narrative. It’s being said that advertisers are cracking down, forcing some of the biggest ad networks like Google and Yahoo to pull their inventory from conservative outlets. This has had two major effects. First, it has cooled most conservative outlets from discussing “taboo” topics like Pandemic Panic Theater, voter fraud, or The Great Reset. Second, it has isolated those ad networks that aren’t playing ball.
Certain topics are anathema for most ad networks. Speaking out against vaccines or vaccine mandates is a certain path to being demonetized. Highlighting voter fraud in the 2020 and future elections is another instant advertising death penalty. Throw in truthful stories about climate change hysteria, Critical Race Theory, and the border crisis and it’s easy to understand how difficult it is for America-First news outlets to spread the facts, share conservative opinions, and still pay the bills.
Without naming names, I have been told of several news outlets who have been forced to either consolidate with larger organizations or who have backed down on covering certain topics out of fear of being “canceled” by the ad networks. I get it. This is a business for many of us and it’s not very profitable. Those of us who do this for a living are often barely squeaking by, so loss of additional revenue can often mean being forced to make cuts. That means not being able to cover the topics properly. Its a Catch-22: Tell the truth and lose the money necessary to keep telling the truth, or avoid the truth and make enough money to survive. Those who have chosen survival simply aren’t able to spread the truth properly.
We will never avoid the truth. The Lord will provide if it is His will. Our job is simply to share the facts, spread the Gospel, and educate as many Americans as possible while exposing the forces of evil.
To those who have the means, we ask that you please donate. We have options available now, but there is no telling when those options will cancel us. We just launched a new GiveSendGo page. We also have our GivingFuel page. There have been many who have been canceled by PayPal, but for now it’s still an option. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!
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JD Rucker – EIC