A federal appeals court breathed new life into a lawsuit challenging a Biden-era coronavirus vaccine mandate against Coast Guard employees, ruling that the case is still live because the agency has never formally sworn off punishing people who refused.
The 5th U.S. Circuit Court of Appeals said the Coast Guard is a “uniquely tight-knit community” where someone’s promotion could still be hindered by his or her vaccine choices.
Until the service has a formal ban on discriminating based on vaccine status, the case has a reason to advance, wrote Judge Leslie Southwick.
A lower court had deemed the issue moot because the Coast Guard canceled the mandate in 2023 under pressure from Congress.
But unlike the Navy, which has repudiated the mandate, the Coast Guard has left that question unanswered, the appeals court said in its decision overturning the district court.
“Because the Coast Guard continues to consider the vaccination mandate a ‘lawful order,’ the service reputation of those who refused to follow it is tarnished,” Judge Southwick wrote.
The 2-1 ruling sends the case back to the lower court for more proceedings.
Judge James L. Dennis dissented, saying there’s no evidence any of the plaintiffs suffer issues at the Coast Guard by remaining unvaccinated. And at least one plaintiff has been promoted.
“Thus the case is moot,” Judge Dennis said.
The court previously dealt with a case involving Navy SEALs and came down the other way, ruling that the issue was no longer valid.
The majority in Thursday’s decision said that case was different because of the Navy’s repudiation of the mandate.
For more information, visit The Washington Times COVID-19 resource page.
