FEDS FOR MEDICAL FREEDOM v. BIDEN

No. 22-40043.

30 F.4th 503 (2022)

FEDS FOR MEDICAL FREEDOM; Local 918, American Federation of Government Employees; Highland Engineering, Incorporated; Raymond A. Beebe, Jr.; John Armbrust; et al., Plaintiffs-Appellees, v. 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.

United States Court of Appeals, Fifth Circuit.

FILED April 7, 2022.


Attorney(s) appearing for the Case

R. Trent McCotter , Jared Kelson , Boyden Gray & Associates, Washington, DC, for Plaintiffs-Appellees.

Casen Ross , Sarah Wendy Carroll , Charles Wylie Scarborough , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, James Garland Gillingham , U.S. Attorney's Office, Eastern District of Texas, Tyler, TX, for Defendants-Appellants.

Gene Patrick Hamilton , America First Legal Foundation, Washington, DC, for Amicus Curiae America First Legal Foundation.

Jordan E. Pratt , First Liberty Institute, Washington, DC, for Amici Curiae 45 Members of Congress and 57 Members of Congress.

John Julian Vecchione , New Civil Liberties Alliance, Washington, DC, for Amici Curiae Isaac McLaughlin, Gabriel Escoto, Michelle Ruth Morton, Waddie Burt Jones, Ryan Charles Biggers, Carole Leann Mezzacapo, Edward Bryan Surgeon, Susan Reynolds, Roy Kenneth Egbert, George Gammon, Doris Forshee, John Luff, April Hanson, Dan Parente, Steve Hanley, and James Rodden.

Lowell Harrison Becraft, Jr., Esq. , Huntsville, AL, for Amicus Curiae Institute for Health Research.

Before Barksdale, Stewart, and Dennis, Circuit Judges.


On September 9, 2021, President Biden issued Executive Order 14043, which mandates COVID-19 vaccination for all executive branch employees, subject to medical and religious exceptions. Several plaintiffs filed suit, alleging that the President exceeded his authority. The district court found that the plaintiffs were...

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