Judging Freedom - Biden’s Vaccine Mandate Reinstated

Episode Date: April 8, 2022

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Hello there, everyone. Judge Andrew Napolitano here for Judging Freedom. Today is Friday, April 8, 2022. It's about 2.05 in the afternoon. A reminder, on Tuesday of next week, April 12th at 12.45 in the afternoon, Ron Paul live here on Judging Freedom. A request, like and subscribe to Judging Freedom and ask your friends and colleagues to do the same. The broader our audience, the more likes and subscribes we get, the more effective will be our message. This morning, a federal district court in Cincinnati invalidated the ruling of a federal trial court in Cincinnati, which invalidated an executive order issued by President Joe Biden requiring all federal non-military workers to be vaccined against COVID. I thought these cases were over, but they're not.

So last year, President Biden signed an executive order as the head of the executive branch, ordering all federal workers in the executive branch, which is about 2 million people, all federal non-military workers in the executive branch to be vaccined. A group of physicians who work in the executive branch for the federal government and non-physicians encompassing a few thousand people sued, and a federal district court judge in Cincinnati invalidated the president's executive order, ruling that he didn't have the authority to do this. The federal government appealed, and an appellate court also in Cincinnati, the United States Court of Appeals for the Sixth Circuit, ruled just a few hours ago in a very interesting ruling

that the courts don't have jurisdiction over personnel matters in the federal government. This is a head scratcher. I'll be honest with you. I did not know about this civil service statute, which basically says if you have a gripe, if you work for the federal government and you have a gripe about your employment, you can't sue the federal government. That's what Congress ruled. Now, as you know, federal courts are courts of limited jurisdiction, meaning they have jurisdiction over the Constitution, the laws written by Congress, subject to the approval of Congress. Congress can't take their jurisdiction to rule on the Constitution away from them, but Congress can, the Supreme Court has okayed this

in older cases, Congress can enact statutes that say disputes under this statute between federal employees and their bosses, their ultimate bosses, the president, are not subject to federal court jurisdiction. And that's basically what Congress said the last time it revised the Civil Service Act. So civil service employees can gripe all they want about the heat is too hot, or the air conditioning is too cold, or there's no heat in February, or there's no air conditioning in August. But they can't sue over that. And if the president orders them to put a chemical experiment into their veins, they can't sue either. Bad law. The court should invalidate it, but it didn't. Judge Napolitano for judging freedom.