A panel of judges for the U.S. Court of Appeals for the Ninth Circuit said last week it need not hear oral arguments in order to make a ruling in a case involving the Department of Energy’s COVID-19 vaccination policy at the Hanford Site in Washington state.
“The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument,” according to a brief order June 7. “Therefore, this matter is ordered submitted on the briefs and record without oral argument,” under federal rules for appeals courts.
Oral arguments had been scheduled before the Ninth Circuit in Seattle on May 8, but the appeals court put that on hold after President Joe Biden on May 1 ended most remaining COVID-19 vaccination-related rules.
Lawyers representing more than 300 employees at the Hanford Site, including many security guards, argued the case is not moot and litigation should continue. The U.S. District Court for Eastern Washington has already dismissed the case, prompting the appeal in the Ninth Circuit.
Last week’s order means the Ninth Circuit plans to rule in David Donovan and others versus Brian Vance without hearing oral argument from attorneys in the case. The case was brought by Donovan and the other DOE and contractor employees at Hanford against Vance, in his role as DOE’s Hanford Site manager, President Biden, Secretary of Energy Jennifer Granholm and the executives of various prime contractors.
