HEALTH FREEDOM DEFENSE FUND v. PRESIDENT OF U.S.

No. 22-11287.

71 F.4th 888 (2023)

HEALTH FREEDOM DEFENSE FUND, a Wyoming Not-for-Profit Corporation, Ana Carolina Daza, an individual, Sarah Pope, an individual, Plaintiffs-Appellees, v. PRESIDENT OF the UNITED STATES, Secretary of Health and Human Services, the Centers for Disease Control, the Department of Health and Human Services, Director of The Centers for Disease Control and Prevention, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Filed: June 22, 2023.


Attorney(s) appearing for the Case

Brant C. Hadaway , Diaz Reus & Targ, LLP, Miami, FL, Richard H. Seamon , University of Idaho College of Law, Moscow, ID, George Robinson Wantz, Jr. , The Davillier Law Group, LLC, New Orleans, LA, for Plaintiffs-Appellees.

Brian James Springer , U.S. Department of Justice, Washington, DC, Eric Boone Beckenhauer , U.S. Department of Justice, Civil Division, Washington, DC, Brian M. Boynton , DOJ-CIV, Appellate Section, Office of Immigration Litigation, Washington, DC, Andrew F. Freidah , Michael J. Gerardi , Stephen Michael Pezzi , U.S. Department of Justice, Civil Division, Washington, DC, Roger Bernard Handberg, III , DOJ-USAO, Middle District of Florida, Orlando, FL, Alisa Beth Klein , U.S. Attorney General's Office, Washington, DC, for Defendants-Appellants.

Jessica Morton , Democracy Forward Foundation, Washington, DC, for Amicus Curiae American Medical Association.

Robert Abraham Braun , Rebecca Ojserkis , Cohen Milstein Sellers & Toll, PLLC, Washington, DC, for Amicus Curiae Public Health and Public Health Law Experts.

Catherine Cline , Sin & Glimstad LLP, New York, NY, for Dan Bishop, Lauren Boebert, Warren Davidson, Bob Good, Andrew Clyde, Paul Gosar, Brian Mast, Alex Mooney, Barry Moore, Ralph Norman, Bill Posey, Matt Rosendale, Chip Roy, Marjorie Taylor Greene, Thomas Massie.

Deborah Jane Dewart , Deborah J. Dewart , Attorney at Law, HUbert, NC, for Amicus Curiae Liberty, Life, and Law Foundation.

Ray L. Flores , Law Offices of Ray L. Flores II, San Diego, CA, for Amicus Curiae, Children's Health Defense.

Andrew L. Schlafly , Law Offices of Andrew L. Schlafly, Far Hills, NJ, for Amicus Curiae Association of American Physicians and Surgeons.

Henry Charles Whitaker , Jeffrey Paul DeSousa , James Hamilton Percival, II , Office of the Attorney General, Tallahassee, FL, for Amici Curiae State of Florida, State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, State of Utah, State of Virginia, State of West Virginia.

John Mercer Masslon, II , Washington Legal Foundation, Washington, DC, for Amicus Curiae, Washington Legal Foundation.

David A. Dalia , David A. Dalia, Attorney at Law, New Orleans, LA, for Amicus Curiae, America's Front Line Doctors.

Before Wilson, Jordan, and Brasher, Circuit Judges.


In the winter of 2020, the Secretary of Health and Human Services (HHS) determined that the threat posed by the novel SARS-CoV-2 virus constituted a public health emergency. Determination of Public Health Emergency, 85 Fed. Reg. 7316-01 (Feb. 7, 2020). Not long after, then-President Trump declared that the global outbreak...

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