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Feds for Medical Freedom v. Biden

Citation: Not availableDocket: 22-40043

Court: Court of Appeals for the Fifth Circuit; June 27, 2022; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The United States Court of Appeals for the Fifth Circuit has ordered a rehearing en banc regarding case No. 22-40043, initially decided on April 7, 2022. The case involves plaintiffs Feds for Medical Freedom, Local 918 of the American Federation of Government Employees, Highland Engineering, and individual plaintiffs against defendants including President Joseph R. Biden Jr. and various federal officials in their official capacities. This decision follows a request for a poll on the petition for rehearing, which garnered majority support from active circuit judges. As a result, the previous panel opinion has been vacated, and the court will fix a date for oral argument. The Clerk will provide a schedule for supplemental briefs.

Legal Issues Addressed

En Banc Rehearing

Application: The Fifth Circuit Court has decided to rehear the case en banc, which means that a majority of the active circuit judges supported the rehearing, and the previous panel decision has been vacated for further consideration.

Reasoning: The United States Court of Appeals for the Fifth Circuit has ordered a rehearing en banc regarding case No. 22-40043, initially decided on April 7, 2022.

Vacatur of Panel Opinion

Application: The initial panel opinion for the case has been vacated following the decision to grant a rehearing en banc, indicating that the previous judgment is no longer in effect pending further review.

Reasoning: As a result, the previous panel opinion has been vacated, and the court will fix a date for oral argument.