Supreme Court Wipes Away Conflicting Rulings on Covid Vaccines

The US Supreme Court tossed competing appellate rulings on an executive order President Joe Biden has since revoked that required all federal employees to be vaccinated against Covid-19.

In orders Monday, the justices vacated decisions from the US Court of Appeals for the Fifth, Sixth and DC Circuits on whether federal employees can challenge the vaccine requirement in district court under the Civil Service Reform Act.

The law set administrative procedures that employees must follow when challenging an adverse employment action, like a firing or suspension, and gave the Federal Circuit exclusive authority to hear appeals.

All the rulings came before Biden revoked the mandate in May.

The justices undid the rulings under the so-called Munsingwear doctrine, in which the court vacates adverse rulings that the losing party no longer has the ability to challenge.

The doctrine frequently comes into play when federal policies are likely to be changed under a new administration.

The cases are Payne v. Biden, U.S., No. 22-1225, Biden v. Feds for Medical Freedom, U.S., No. 23-60, and Kendall v. Doster, U.S., No. 23-154.