A federal appeals court has declined, for now, to allow the Biden administration to require COVID-19 vaccinations for federal employees.

The 5th US Circuit Court of Appeals in New Orleans ruled 2-1 Wednesday to maintain a block on the mandate that a Texas-based federal judge had issued on Jan. 21. The administration had asked the New Orleans court for an injunction allowing the federal worker mandate to move forward pending appeal.

President Joe Biden announced in September that more than 3.5 million federal workers were required to undergo vaccination, with no option to get regularly tested instead, unless they secured approved medical or religious exemptions. The requirement kicked in this past. White House press secretary Jen Psaki said last month that 98% of federal workers are vaccinated.

Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by then-President Donald Trump, issued an injunction against the requirement last month, saying the Biden administration exceeded its authority.

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