Divided 5th Circuit panel leaves United Airlines' vaccine mandate in place
"Make no mistake: Vaccine mandates like the one United is attempting to impose here present a crisis of conscience for many people of faith," Judge James Ho wrote in his dissent opposing the mandate.
United Airlines’ COVID-19 vaccine mandate for employees can remain in place, a divided panel for the U.S. Court of Appeals for the Fifth Circuit ruled.
In a two-sentence order issued Monday night, Judges Carl Stewart and Catharina Haynes declined to block the policy challenged by United workers, who allege it doesn’t provide religious or medical accommodations in violation of federal law. The mandate provides unpaid leave for unvaccinated workers granted an exemption for medical or religious reasons.
Judge James Ho, in a dissent, said he would have granted the injunction sought by the employees, citing their religious objections to the mandate.
“Forcing individuals to choose between their faith and their livelihood imposes an obvious and substantial burden on religion. Make no mistake: Vaccine mandates like the one United is attempting to impose here present a crisis of conscience for many people of faith. It forces them to choose between the two most profound obligations they will ever assume—holding true to their religious commitments and feeding and housing their children,” he wrote.
Jones Day is representing United Airlines and Schaerr-Jaffe is representing the employees.
The order comes after a federal judge in Texas, Mark Pittman, allowed the airline’s vaccine policy to move forward last month. In his ruling, Pittman said United had a “calloused approach” toward employees with concerns, but that their injuries ultimately aren’t irreparable.
Challenges to vaccine mandates based on religious, due process or equal protection objections haven’t fared well at the U.S. Supreme Court. The justices have turned down requests to block coronavirus vaccine policies made by New York public school employees, workers at a Massachusetts health care system, and private employees challenging Maine’s mandate.
Meanwhile, challenges against the Biden administration’s vaccine mandates for healthcare workers, federal contractors and private sector workers at companies with over 100 employees are pending in the federal appeals courts.
On Monday, the U.S. Court of Appeals for the Eighth Circuit declined to revive the government’s vaccine mandate for health care workers pending appeal. District court judges in Missouri and Louisiana blocked the Centers for Medicare and Medicaid rule earlier this month. The one-page order on Monday stated Judge Jane Kelly would have granted the stay, but didn’t include any of the judges’ reasonings.