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Covid-19 vaccine mandate cases for executive branch employees and troops thrown out by Supreme Court

<i>Ted S. Warren/AP</i><br/>Staff Sgt. Travis Snyder
Ted S. Warren/AP
Staff Sgt. Travis Snyder

By Devan Cole, CNN

(CNN) — The Supreme Court on Monday threw out several cases challenging the federal government’s now-defunct Covid-19 vaccine mandates for executive branch employees and military service members.

The court’s action comes after the federal employee vaccine requirement was rescinded by President Joe Biden in May, and the Pentagon – as a result of congressional action – rescinded its mandate for the military in January.

In throwing out the three cases, the justices wiped away the appeals court decisions in which the challengers to the mandates prevailed in one case and lost in the other two, and instructed the courts to dismiss the cases as moot.

Liberal Justice Ketanji Brown Jackson publicly dissented from the court’s action in two of the cases, saying she disagreed with her colleagues’ decision to wipe away the lower court rulings in those matters.

The vaccine mandates were issued in 2021 as part of the government’s efforts to immunize the country against Covid-19. Legal challenges were quickly brought against the requirements and the cases unfolded even after the requirements were dropped.

In rescinding the federal employee vaccine mandate earlier this year, the Biden administration cited a steep decline in Covid-19 deaths and hospitalizations.

“Our COVID-19 vaccine requirements bolstered vaccination across the nation, and our broader vaccination campaign has saved millions of lives,” the White House said in a statement at the time. “While vaccination remains one of the most important tools in advancing the health and safety of employees and promoting the efficiency of workplaces, we are now in a different phase of our response when these measures are no longer necessary.”

The vaccine mandate for US troops was rescinded by Defense Secretary Lloyd Austin in January after Biden signed the 2023 National Defense Authorization Act, which required its dismissal.

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