The Ohio-based U.S. Court of Appeals for the Sixth Circuit decided 3-0 that President Biden lacked statutory authority under U.S. procurement law to require and face masks for employees working on federal contracts, according to Bloomberg Law. In December, the U.S. Appeals Court for the Fifth Circuit a lower court ruling against the administration’s for contractor companies to ensure personnel are vaccinated against the coronavirus in compliance with the president's . In a sidebar, SECDEF issued a to requirements for members of the armed forces in compliance with the FY 2023 National Defense Authorization Act. (Gov.Wire 01/13/23)
UPDATE 01/12/23):
Dropped vaccine mandate still may limit mil.careers
The Pentagon directive still allows commanders to continue to decide whether unvaccinated service members are assigned or deployed to any country, including those with a vaccine requirement. Such restrictions may limit career progression, according to some of those who refused the vaccinations. SECDEF still believes the mandate vaccinations was correct and will continue to encourage vaccinations. Commanders have the responsibility and authority to preserve DoD’s mission, he said.
Although the memo ended pending involuntary separations for unvaccinated service members, it didn’t help thousands who were pushed out of service for refusing the vaccine. They can petition to have an other-than-honorable discharge reviewed, allowing them to reenlist. But there is no potential for them to return at the level they were dismissed, a Pentagon spokesperson told Stars and Stripes on Jan. 12. (Stars and Stripes 01/12/22)
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