NEW ORLEANS (AP) — A pilot and a flight attendant for United Airlines will suffer “irreparable harm” under the airline’s COVID-19 policy that makes them choose between getting vaccinated in violation of their religious objections or going on unpaid l
NEW ORLEANS (AP) — A pilot and a flight attendant for United Airlines will suffer “irreparable harm” under the airline’s COVID-19 policy that makes them choose between getting vaccinated in violation of their religious objections or going on unpaid leave, a divided federal appeals court panel in New Orleans ruled Thursday.
The 5th U.S. Circuit Court of Appeals’ 2-1 ruling doesn’t block the airline’s mandate. But it says a lower court judge in Texas must consider temporarily blocking the requirement for the employees while they fight United’s vaccine policy.
The decision to get vaccinated or go on leave “is an impossible choice for plaintiffs who want to remain faithful but must put food on the table,” said the majority opinion from Jennifer Walker Elrod and Andrew Oldham.
They said the lower court judge erred by stating that the employees did not face irreparable harm, and sent the case back to him to consider other factors — including whether the two employees are likely to ultimately win their court battle.
The third judge on the panel, Judge Jerry E. Smith, rejected the majority’s finding in a stinging, lengthy dissent. Smith said the lower court judge’s denial of an injunction last year should stand.
“For every conceivable reason that the plaintiffs could lose this appeal, they should,” Smith wrote, saying his fellow panel members’ ruling went against laws and court precedents.
He rejected the idea that the two faced irreparable harm, saying the federal Civil Rights Act provisions at play in the case provide them with the ability to sue for damages should they win.
And, he…