State of Missouri v. Biden

114 F.4th 406

Opinion

Case: 23-30445 Document: 295 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 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 Case: 23-30445 Document: 295 Page: 2 Date Filed: 08/26/2024

No. 23-30445

(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.