Whether the Tenth Circuit erred in affirming dismissal under Federal Rule of Civil Procedure 12(b)(6) on rational-basis review where the complaint plausibly alleged that federal law and binding agreements precluded the State and its political subdivision from punishing public employees who refused to accept administration of investigational drugs or to waive rights protected by the Fourteenth Amendment.

Whether the Tenth Circuit erred in affirming dismissal under Federal Rule of Civil Procedure 12(b)(6) on rational-basis review where the complaint plausibly alleged that federal law and binding agreements precluded the State and its political subdivision from punishing public employees who refused to accept administration of investigational drugs or to waive rights protected by the Fourteenth Amendment.