As a reminder, the FEFF case is stayed in District court in the Middle District of Florida, pending a decision in the Feds for Medical Freedom case which sought and received a preliminary injunction. To recap, injunctions are very difficult to obtain especially against the government, and at the time we filed the FEFF case, no injunctions were being granted by the courts. However, in late November and into December 2021, the tide shifted and courts began to grant injunctions against mandates which is when the Feds for Medical Freedom case was filed requesting injunctive relief.
The Feds for Medical Freedom case was granted a nationwide injunction in January of this year blocking the COVID injection mandate for all federal employees. In February, a panel of 5th Circuit judges declined to block the District judge’s ruling, pending appeal. But after hearing arguments in March, in early April, a different panel of 5th Circuit judges overturned the District court’s injunction against the government mandate and ordered the District court to dismiss the case. This decision of a panel of 5th Circuit judges has now been vacated or voided by the 5th Circuit and oral arguments are now scheduled to be heard in front of the entire 5th Circuit Court of 17 judges in September.
We do not believe this would have happened unless the 5th Circuit thought the 3-judge panel got it wrong. In essence, we feel this is likely a positive development.
This means our lawsuit remains stayed pending the final decision in this other case. But, please note as we have stated before, our case makes unique arguments, therefore our case may proceed irrespective of the outcome of this other case.
At this point, the next time we will hear news on the case is after oral arguments currently scheduled for September.