State of Missouri v. Biden

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 26, 2024
• Docket: 23-30445
• Status: Unpublished

Opinion

Case: 23-30445 Document: 290-1 Page: 1 Date Filed: 08/26/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED August 26, 2024 No. 23-30445 Lyle W. Cayce ____________ Clerk State of Missouri; State of Louisiana; Aaron Kheriaty; Martin Kulldorff; Jim Hoft; Jayanta Bhattacharya; Jill Hines,

Plaintiffs—Appellees,

versus

Joseph R. Biden, Jr.; Vivek H. Murthy; Xavier Becerra; Department of Health & Human Services; Anthony Fauci; Et al.,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:22-CV-1213 ______________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before Clement, Elrod, and Willett, Circuit Judges. Per Curiam:*

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-30445 Document: 290-1 Page: 2 Date Filed: 08/26/2024

No. 23-30445

This case is before us on remand from the Supreme Court, which reversed our judgment and held that none of the Plaintiffs has standing to seek a preliminary injunction. Murthy v. Missouri, 144 S. Ct. 1972, 1981, 1997 (2024). Accordingly, we VACATE the judgment of the district court and the preliminary injunction in their entirety and REMAND for further proceedings consistent with the Supreme Court’s opinion. The Clerk is directed to issue the mandate forthwith.