No. 23-60

Joseph R. Biden, Jr., President of the United States, et al. v. Feds for Medical Freedom, et al.

Lower Court: Fifth Circuit
Docketed: 2023-07-21
Status: GVR
Type: Paid
Relisted (9) Experienced Counsel
Tags: administrative-law civil-service-reform-act covid-19 covid-vaccination executive-order federal-employee federal-employment mootness preliminary-injunction
Key Terms:
AdministrativeLaw ERISA Securities EmploymentDiscrimina Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-12-08 (distributed 9 times)
Question Presented (AI Summary)

Whether the court of appeals' judgment should be vacated and remanded as moot

Question Presented (from Petition)

QUESTION PRESENTED In 2021, the President issued an executive order requiring employees of the Executive Branch to be vaccinated against COVID-19 as a condition of their employment, subject to religious and medical exemptions. In the decision below, the en bane Fifth Circuit held that respondents could challenge that requirement in district court notwithstanding the provisions of the Civil Service Reform Act of 1978, Pub. L. No. 95-454, 92 Stat. 1, channeling federal employees’ challenges to adverse personnel actions to the Merit Systems Protection Board, subject to review by the Federal Circuit. The Fifth Circuit also affirmed a preliminary injunction forbidding the government from enforcing the vaccination requirement against any federal employee nationwide. Roughly six weeks after the Fifth Circuit issued its decision, the President revoked the executive order at issue in this case as part of a broader wind-down of COVID-19 emergency policies based on changed publichealth conditions. The question presented is as follows: Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the court of appeals’ judgment and remand with instructions to direct the district court to vacate its order granting a preliminary injunction as moot. (I)

Docket Entries

2024-01-12
Judgment issued.
2023-12-11
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to direct the District Court to vacate as moot its order granting a preliminary injunction. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950). Justice Jackson, dissenting: In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See <i>Acheson Hotels, LLC</i> v. <i>Laufer</i>, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment).
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-12-01
Rescheduled.
2023-11-27
DISTRIBUTED for Conference of 12/1/2023.
2023-11-13
DISTRIBUTED for Conference of 11/17/2023.
2023-11-06
DISTRIBUTED for Conference of 11/9/2023.
2023-10-30
DISTRIBUTED for Conference of 11/3/2023.
2023-10-23
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
DISTRIBUTED for Conference of 10/13/2023.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-09-18
Rescheduled.
2023-09-06
Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-08-23
Brief of respondents Feds for Medical Freedom, et al. in opposition filed.
2023-07-26
Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2023.
2023-07-25
Motion to extend the time to file a response from August 21, 2023 to September 20, 2023, submitted to The Clerk.
2023-07-21
Petition for a writ of certiorari filed. (Response due August 21, 2023)
2023-06-09
Application (22A1066) to extend the time to file a petition for a writ of certiorari from June 21, 2023 to July 21, 2023, submitted to Justice Alito.
2023-06-09
Application (22A1066) granted by Justice Alito extending the time to file until July 21, 2023.

Attorneys

Feds for Medical Freedom, et al.
R. Trent McCotterBoyden Gray PLLC, Respondent
R. Trent McCotterBoyden Gray PLLC, Respondent
Joseph R. Biden, Jr., President of the United States, et al.
Elizabeth B. PrelogarSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner