Supreme Court of the United States · Official docket →
Joseph R. Biden, Jr., President of the United States, et al. v. Feds for Medical Freedom, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-40043 · judgment March 23, 2023
Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
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 banc 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. 1111, 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)
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
R. Trent McCotter
Boyden Gray PLLC
Proceedings
- Jan 12 2024Judgment issued.
- Dec 11 2023Petition GRANTED. Judgment VACATED and case REMANDED with instructions to direct the District Court to vacate as moot its order granting a preliminary injunction. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, dissenting: In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See Acheson Hotels, LLC v. Laufer, 601 U. S. ___ (2023) (Jackson, J., concurring in the judgment).
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
- Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Sep 20 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 18 2023Rescheduled.
- Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
- Sep 06 2023Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
- Aug 23 2023Brief of respondents Feds for Medical Freedom, et al. in opposition filed.
- Jul 26 2023Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2023.
- Jul 25 2023Motion to extend the time to file a response from August 21, 2023 to September 20, 2023, submitted to The Clerk.
- Jul 21 2023Petition for a writ of certiorari filed. (Response due August 21, 2023)
- Jun 09 2023Application (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.
- Jun 09 2023Application (22A1066) granted by Justice Alito extending the time to file until July 21, 2023.