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Federal Contractor Unpublished Order 89fa69

Summary

An unpublished per curiam order of the United States Court of Appeals for the Fifth Circuit, filed September 26, 2024 in No. 22-40043, Feds for Medical Freedom, et al. v. Joseph R. Biden, Jr., et al., an appeal from the U.S. District Court for the Southern District of Texas, USDC No. 3:21-CV-356. The order states that the case is before the en banc court on remand from the Supreme Court, which vacated and remanded the Fifth Circuit's judgment, citing Biden v. Feds for Med. Freedom, 144 S. Ct. 480. Consistent with that opinion, the court remands the case to the district court and directs it to vacate as moot its order granting a preliminary injunction. The order directs the Clerk to issue the mandate forthwith, and a footnote states that Judges Douglas and Ramirez did not participate.

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“Federal Contractor Unpublished Order 89fa69.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/22-40043-recap-gov-uscourts-ca5-206309-354-2-ae461d1a46/, SHA-256 a0d7ab80a1681fa35dc2406967eb495afec1123d9a4944cf3db39ff137957d97.

Full text

        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

                                     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.




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




                                           2

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