New Orleans, LA – June 27, 2022. The United States Court of Appeals, Fifth Circuit, issued an Order in the matter of Feds for Medical Freedom, et al v. Joseph R. Biden, et al, Case No. 22- 40043, granting a rehearing en banc. The order vacates the previous order of the court and stays the mandate. This is a significant and historical victory in the medical freedom movement and directly affects federal employees subject to vaccine mandates.
AFLDS is proud to have been part of this historical ruling. Our legal department filed an amicus curiae brief which was part of the evidence considered by the Fifth Circuit Court in their decision to issue the historical Order. You can view the entire amicus curiae brief at the link below.
What is a hearing en banc?
It is very difficult to achieve a rehearing en banc. In fact, it is highly unusual and rarely ever granted. "En banc" is French for “on the bench.” In the U.S. Circuit courts, a three-judge panel is generally assigned to hear arguments. A remedy for parties after a decision is rendered by a threejudge panel is to file a petition for a rehearing en banc. If a hearing en banc is granted, the entire Circuit Court will sit for a rehearing of the oral arguments and will determine whether the original ruling was correct.
The Federal Rules of Appellate Procedure, Rule 35 (A) states, in part:
An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:
In the Feds for Medical Freedom case, a panel opinion was issued on April 7, 2022. That opinion, which declined jurisdiction over the federal employee vaccine mandate challenge, was vacated by
the Court’s Order of June 27, 2022. The case will be reheard by the court en banc. Appellants will file an en banc brief on July 27, 2022. Appellees brief is due on August 26, 2022.
The case will be heard sometime during the week of September 12, 2022. Review the entire amicus brief and court order here:
The Fifth Circuit Court of Appeals appears to be listening. Covid-19 injections do not stop transmission and there is no logical reason to inject a person to “protect” other people. It has been widely acknowledged that not only do vaccines not stop transmission, the efficacy wanes over time. Vaccine mandates do not make sense, because this injection is a treatment and not a standard vaccine.
Below is a quote directly from Dr. Anthony Fauci himself:
“They are seeing a waning of immunity not only against infection but against hospitalization and to some extent death, which is starting to now involve all age groups. It isn’t just the elderly. It’s waning to the point that you’re seeing more and more people getting breakthrough infections, and more and more of those people who are getting breakthrough infections are winding up in the hospital.”
AFLDS looks forward to supporting Feds for Medical Freedom in this case over the next several months. The importance of the granting of an en banc petition cannot be overstated and is a very positive sign from this Court.
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