Feds for Medical Freedom v. Biden

Opinion

Case: 22-40043 Document: 354-2 Page: 1 Date Filed: 09/26/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED September 26, 2024 No. 22-40043 Lyle W. Cayce ____________ Clerk

Feds for Medical Freedom; Local 918, American Federation of Government Employees; Highland Engineering, Incorporated; Raymond A. Beebe, Jr.; John Armbrust; Et al.,

Plaintiffs—Appellees,

versus

Joseph R. Biden, Jr., in his official capacity as President of the United States; The United States of America; Pete Buttigieg, in his official capacity as Secretary of Transportation; Department of Transportation; Janet Yellen, in her official capacity as Secretary of Treasury; Et al.,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:21-CV-356 ______________________________

UNPUBLISHED ORDER Case: 22-40043 Document: 354-2 Page: 2 Date Filed: 09/26/2024

No. 22-40043

Before Richman, Chief Judge, and Jones, Smith, Barksdale, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges. Per Curiam: * This case is before us on remand from the Supreme Court, which vacated and remanded our judgment. Biden v. Feds for Med. Freedom, 144 S. Ct. 480, 480–81 (2023). Accordingly, consistent with the Supreme Court’s opinion, we REMAND this case to the district court and direct it to VACATE as moot its order granting a preliminary injunction. The Clerk is directed to issue the mandate forthwith.

Certified as a true copy and issued as the mandate on Sep 26, 2024 Attest: Clerk, U.S. Court of Appeals, Fifth Circuit

_____________________ * Judges Douglas and Ramirez joined the court after this case was submitted to the en banc court and did not participate in this decision.