En Banc Judgment — Feds for Medical Freedom v. Biden (5th Cir.)

Record facts

U.S. Court of Appeals for the Fifth Circuit (en banc) · No. 22-40043 · Doc. 307 · 2023-03-23 · Docket on CourtListener

Full text

United States Court of Appeals 
for the Fifth Circuit
 ___________  
 
No. 22-40043 
 ___________  
 
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  
 ____________________________  
 
Before  Richman, Chief Judge, and Jones, Smith, Barksdale, 
Stewart, Dennis, Elrod, Southwick, Haynes, Graves, 
Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, 
United States Court of Appeals 
Fifth Circuit 
FILED 
March 23, 2023 
 
Lyle W. Cayce 
Clerk 
Case: 22-40043      Document: 307     Page: 1     Date Filed: 03/23/2023

No. 22-40043 
 
2 
 
and Wilson, Circuit Judges.* 
JUDGMENT ON REHEARING EN BANC 
 
This cause was considered on the record on appeal and was argued by 
counsel. 
IT IS ORDERED and ADJUDGED that the judgment of the 
District Court is AFFIRMED.  
IT IS FURTHER ORDERED that each party bear its own costs 
on appeal. 
 
Andrew S. Oldham, Circuit Judge, joined by Jones, Smith, 
Barksdale, Elrod, Willett, Ho, Duncan, Engelhardt, and 
Wilson, Circuit Judges. 
 
James C. Ho, Circuit Judge, joined by Jones, Circuit Judge, concurring. 
 
Haynes, Circuit Judge, concurring in the judgment in part and dissenting 
in part. 
 
Stephen A. Higginson, Circuit Judge, joined by Southwick, Circuit 
Judge, concurring in part and dissenting in part. 
 
Carl E. Stewart, Circuit Judge, joined by Richman, Chief Judge, and 
Dennis and Graves, Circuit Judges, dissenting. 
 
 
 
 
 
* Judge Douglas was not a member of the court when this case was submitted 
to the court en banc and did not participate in this decision. 
Case: 22-40043      Document: 307     Page: 2     Date Filed: 03/23/2023

No. 22-40043 
 
3 
 
 
 
Case: 22-40043      Document: 307     Page: 3     Date Filed: 03/23/2023

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