Whether the judgment below should be vacated and the case remanded for dismissal as moot under United States v. Munsingwear, Inc.

QUESTIONS PRESENTED Petitioner challenged the constitutionality of Executive Order No. 14,048, which mandated that all executive branch employees obtain the COVID-19 vaccination. In the decision below, the U.S. Court of Appeals for the D.C. Circuit misapplied Thunder Basin Coal Co. v. Reich, 510 U.S. 200 (1994), and held that the Civil Service Reform Act precluded jurisdiction over Petitioner’s claim. Two days later, the en banc U.S. Court of Appeals for the Fifth Circuit correctly reached the opposite holding in a case involving analogous claims. A few weeks later, this Court clarified how the Thunder Basin factors should apply when a party raises constitutional challenges, emphasizing that “agency adjudications are generally ill suited to address structural constitutional challenges—like those maintained here.” Axon Enter., Inc. v. Fed. Trade Comm’n, 143 S. Ct. 890, 905 (2023) (cleaned up). The Court then granted certiorari in, vacated, and remanded a case involving similar issues for consideration in light of Axon. Bohon v. FERC, No. 22256, 2023 WL 3046112, at *1 (U.S. Apr. 24, 2023). Finally, effective May 12, 2023, the President revoked the challenged executive order mandating vaccination. Exec. Order No. 14,099, 88 Fed. Reg. 30,891, 30,891 (May 9, 2023). The questions presented are: 1. Whether the judgment below should be vacated and the case remanded for dismissal as moot under United States v. Munsingwear, Inc., 340 U.S. 36 (1950). 2. Alternatively, whether the judgment below should be vacated and the case remanded for further consideration in light of Axon. ii LIST OF ALL PROCEEDINGS United States Court of Appeals for the D.C. Circuit, No. 22-5154, Payne v. Biden et al., judgment entered March 21, 2023. United States District Court for the District of Columbia, No. 21-3077 (JEB), Payne v. Biden et al., judgment entered May 12, 2022.