Case: Abbott v. Biden

6:22-cv-00003 | U.S. District Court for the Eastern District of Texas

Filed Date: Jan. 4, 2022

Closed Date: Jan. 3, 2024

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Case Summary

This is a case about whether the Biden administration's COVID-19 vaccine requirement for non-federalized National Guardsmen violated the U.S. Constitution and federal law. On August 24, 2021, U.S. Secretary of Defense Lloyd Austin issued a memorandum adding the COVID-19 vaccine to the list of required vaccines for U.S. military service members. The directive applied to members of the Armed Forces in the Ready Reserve, including members of the National Guard. National Guardsmen can serve in one …

This is a case about whether the Biden administration's COVID-19 vaccine requirement for non-federalized National Guardsmen violated the U.S. Constitution and federal law.

On August 24, 2021, U.S. Secretary of Defense Lloyd Austin issued a memorandum adding the COVID-19 vaccine to the list of required vaccines for U.S. military service members. The directive applied to members of the Armed Forces in the Ready Reserve, including members of the National Guard. National Guardsmen can serve in one of three capacities: (1) full-time federal service under federal command, pursuant to Title 10 of the U.S. Code ("Title 10 service"), (2) full or part-time National Guard duty that is federally funded but under state command, pursuant to Title 32 of the U.S. Code ("Title 32 service"), or (3) state active duty status, which is state-funded and under exclusive state command. National Guardsmen on Title 32 service are considered "non-federalized"—they are governed by their state commander-in-chief, but they are given pay and benefits from federal funds and must follow rules and standards set by the President, in accordance with federal law. On November 30, 2021, Secretary Austin issued a new memorandum that specifically imposed COVID-19 vaccination as a requirement for Title 32 service.

On January 4, 2022, Texas Governor Greg Abbott brought a lawsuit against the Biden administration in the U.S. District Court for the Eastern District of Texas. The case was assigned to Judge Campbell Barker. On January 25, 2022, Governor Abbott filed an amended complaint, which added Alaska Governor Mike Dunleavy as a plaintiff. Represented by their respective attorney general offices, plaintiffs sought an order setting aside the COVID-19 vaccine mandate as applied to non-federalized Texas and Alaska National Guardsmen, injunctive relief prohibiting the enforcement of the mandate, declaratory relief, and the payment of attorneys’ fees.

In their amended complaint, the plaintiffs alleged that the COVID-19 vaccine requirement for non-federalized National Guardsmen violated the Militia Clauses (Article I, Section 8, Clauses 15-16) and the Commander-in-Chief Clause (Article 2, Section 1, Clause 2) of the U.S. Constitution. Under plaintiffs’ theory, the Constitution allowed the President to issue such a mandate only once the National Guardsmen had been called “into the actual Service of the United States.” Additionally, plaintiffs claimed the requirement violated the Tenth Amendment by interfering with the traditional balance of power between the states and the federal government. Finally, plaintiffs alleged that the mandate was arbitrary and capricious because the Department of Defense did not adequately explain its implementation of the mandate, failed to properly consider Texas and Alaska’s reliance interests, and acted beyond its statutory authority. The plaintiffs brought their claims under Ex Parte Young, the Administrative Procedure Act (5 U.S.C. § 706), and the Declaratory Judgment Act (28 U.S.C. § 2201).

On February 7, 2022, Governor Abbott filed a motion for a preliminary injunction to halt enforcement of the vaccine requirement. Governor Dunleavy filed a response in support of Governor Abbott's motion on February 23, 2022. The Biden administration filed a response in opposition to the motion on March 9, 2022. Judge Barker held a hearing on the motion on June 23, 2022. The next day, on June 24, 2022, Judge Barker denied the motion for a preliminary injunction. In his opinion, Judge Barker found that plaintiffs were not substantially likely to succeed on the merits of their claims. Judge Barker noted that because the consequences of not complying with the vaccine mandate consisted of an “inability to receive federal pay, benefits, and recognition for militia service,” the Executive Branch, with authorization from Congress, was permitted to “fix conditions on the receipt of federal funds.” Judge Barker also stated that “[j]udgments about military readiness, moreover, warrant particular humility in judicial review.” 608 F.Supp.3d 467.

Governor Abbott appealed the denial of the preliminary injunction to the U.S. Court of Appeals for the Fifth Circuit on June 28, 2022. The Biden administration filed its answer to the complaint on July 15, 2022. On July 21, 2022, Judge Barker stayed the proceedings in the District Court until 30 days after the Fifth Circuit issued its ruling on the preliminary injunction. A three-judge panel on the Fifth Circuit heard oral argument on the appeal on November 8, 2022. The panel consisted of Judges Carl Stewart, Don Willett, and Andrew Oldham.

On December 29, 2022, with an opinion from the Fifth Circuit still pending, Secretary Austin wrote to the Court that he had been directed by Congress to rescind the vaccine mandate for members of the Armed Forces, including the National Guard. On January 11, 2023, Secretary Austin again wrote to the Court, this time stating that he had rescinded the vaccination requirement for military service members. In light of this action, the Fifth Circuit issued a directive requesting supplemental briefing to determine whether the case was moot.

On June 12, 2023, the three-judge panel vacated Judge Barker’s decision and remanded it back to the District Court. In an opinion authored by Judge Oldham, the Fifth Circuit first held that the case was not moot because Secretary Austin still “reserved the ability to punish Guardsmen who didn't seek a religious, administrative, or medical accommodation while the mandate was operative.” Next, the Court determined that Judge Barker did not properly consider whether the mandate was arbitrary and capricious. Finally, the Fifth Circuit determined that the vaccine mandate was not a military “readiness standard” and, thus, states alone had the authority to mete out discipline to non-federalized national guard members. “[T]he Government’s enforcement orders unlawfully usurp[ed] Governor Abbott's exclusive constitutional authority to ‘govern’ the non-federalized Texas militia.” 70 F.4th 817.

The Biden administration declined to file a petition for rehearing of the case en banc. The U.S. Supreme Court set a deadline of October 10, 2023, to file a petition for writ of certiorari. However, on September 27, 2023, U.S. Solicitor General Elizabeth Prelogar sent a letter to the Speaker of the House, Kevin McCarthy, stating that the Department of Justice had decided not to seek Supreme Court review of the Fifth Circuit’s decision. Solicitor General Prelogar noted that while the Department disagreed with the Fifth Circuit’s decision, the potential mootness of the appeal counseled against further review.

On November 30, 2023, the Biden administration moved to dismiss the case in the District Court for lack of jurisdiction and moved for judgment on the pleadings. Plaintiffs requested two extensions to file their responses. However, on December 29, 2023, the parties submitted a joint stipulation of dismissal of the case without prejudice. In the stipulation, plaintiffs stated that the Biden administration had “indicat[ed] [that] they do not intend to enforce the mandate in any way, retroactively or otherwise,” and that such indication was made in good faith. Accordingly, on January 3, 2024, Judge Barker dismissed the action without prejudice.

The case is now closed.

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Summary Authors

Muiz Wani (4/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61687925/parties/abbott-v-biden/

Judge(s)

Barker, J. Campbell (Texas)

Attorney for Plaintiff

Baasch, Ryan

General, Christopher D.

Attorney for Defendant

Avallone, Zachary A (Texas)

Clark, Sarah Jane

Judge(s)

Barker, J. Campbell (Texas)

Attorney for Plaintiff

Baasch, Ryan

General, Christopher D.

Hilton, Amy Snow (Texas)

Hilton, Christopher D. (Texas)

Olson, Leif A (Texas)

Robison, Christopher Alan (Texas)

Attorney for Defendant

Avallone, Zachary A (Texas)

Clark, Sarah Jane

Gillingham, James Garland (Texas)

Holland, Liam (Texas)

Ross, Casen

Wright, Abby Christine

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:22-cv-00003	Plaintiff's Original Complaint	Jan. 4, 2022	Jan. 4, 2022 Complaint
4 6:22-cv-00003	First Amended Complaint	Jan. 25, 2022	Jan. 25, 2022 Complaint
48 6:22-cv-00003	Opinion and Order	June 24, 2022	June 24, 2022 Order/Opinion 608 F.Supp.3d 467
66-1 22-40399	Fifth Circuit’s Opinion U.S. Court of Appeals for the Fifth Circuit	June 12, 2023	June 12, 2023 Order/Opinion 70 F.4th 817
64 6:22-cv-00003	Defendants' Status Report	Oct. 11, 2023	Oct. 11, 2023 Other
88 6:22-cv-00003	Joint Stipulation of Dismissal Without Prejudice	Dec. 29, 2023	Dec. 29, 2023 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/61687925/abbott-v-biden/

Last updated April 25, 2025, 12:15 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8731657.), filed by Greg Abbott. (Attachments: # 1 List of Exhibits Cover Page, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Civil Cover Sheet)(Hilton, Christopher) (Entered: 01/04/2022) 1 List of Exhibits Cover Page View on RECAP 2 Exhibit 1 View on RECAP 3 Exhibit 2 View on RECAP 4 Exhibit 3 View on RECAP 5 Exhibit 4 View on RECAP 6 Exhibit 5 View on RECAP 7 Civil Cover Sheet View on RECAP	Jan. 4, 2022	Jan. 4, 2022 Clearinghouse
	Case Assigned to District Judge J. Campbell Barker. (jbe, )	Jan. 4, 2022	Jan. 4, 2022 PACER
	MINUTE ORDER adopting in this case Judge Barker's standing orders, which may be obtained from his page on the court's website and may be updated without separate docket entry. Noncompliance with those standing orders may result in a sanction or other disadvantage, by District Judge J. Campbell Barker on 1/4/22. (jbe, )	Jan. 4, 2022	Jan. 4, 2022 PACER
2	SUMMONS Issued as to All Defendants. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es), # 5 Summons(es), # 6 Summons(es), # 7 Summons(es), # 8 Summons(es), # 9 Summons(es), # 10 Summons(es), # 11 Summons(es), # 12 Summons(es), # 13 Summons(es), # 14 Summons(es), # 15 Summons(es), # 16 Summons(es), # 17 Summons(es), # 18 Summons(es), # 19 Summons(es), # 20 Summons(es))(ndc) (Entered: 01/06/2022)	Jan. 6, 2022	Jan. 6, 2022 PACER
3	NOTICE of Attorney Appearance by Leif A Olson on behalf of Greg Abbott (Olson, Leif) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
4	AMENDED COMPLAINT against All Defendants, filed by Greg Abbott, Mike Dunleavy. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 - Austin Aug 2021 memo, # 3 Exhibit 2 - Abbott Oct 2021 ltr to Adjutant General, # 4 Exhibit 3 - Exec Order GA-39, # 5 Exhibit 4 - Austin Nov 2021 memo, # 6 Exhibit 5 - Kendall Dec 2021 memo)(Olson, Leif) (Entered: 01/25/2022) 1 Exhibit Index View on PACER 2 Exhibit 1 - Austin Aug 2021 memo View on PACER 3 Exhibit 2 - Abbott Oct 2021 ltr to Adjutant General View on PACER 4 Exhibit 3 - Exec Order GA-39 View on PACER 5 Exhibit 4 - Austin Nov 2021 memo View on PACER 6 Exhibit 5 - Kendall Dec 2021 memo View on PACER	Jan. 25, 2022	Jan. 25, 2022 Clearinghouse
5	NOTICE of Attorney Appearance by Christopher Alan Robison on behalf of Mike Dunleavy (Robison, Christopher) (Entered: 01/27/2022)	Jan. 27, 2022	Jan. 27, 2022 PACER
6	SUMMONS Returned Executed by Greg Abbott. Department of the Air Force served on 1/14/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 RECAP
7	SUMMONS Returned Executed by Greg Abbott. Department of the Air Force served on 1/10/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 RECAP
8	SUMMONS Returned Executed by Greg Abbott. Department of the Air Force served on 1/18/2022, answer due 2/8/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
9	SUMMONS Returned Executed by Greg Abbott. Department of the Army served on 1/10/2022, answer due 1/31/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
10	SUMMONS Returned Executed by Greg Abbott. Lloyd Austin served on 1/14/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
11	SUMMONS Returned Executed by Greg Abbott. Lloyd Austin served on 1/10/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
12	SUMMONS Returned Executed by Greg Abbott. Lloyd Austin served on 1/18/2022, answer due 2/8/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
13	SUMMONS Returned Executed by Greg Abbott. Joseph R. Biden served on 1/19/2022, answer due 2/9/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
14	SUMMONS Returned Executed by Greg Abbott. Joseph R. Biden served on 1/10/2022, answer due 2/9/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
15	SUMMONS Returned Executed by Greg Abbott. Joseph R. Biden served on 1/18/2022, answer due 2/9/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
16	SUMMONS Returned Executed by Greg Abbott. Department of Defense served on 1/14/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
17	SUMMONS Returned Executed by Greg Abbott. Department of Defense served on 1/10/2011, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
18	SUMMONS Returned Executed by Greg Abbott. Department of Defense served on 1/18/2022, answer due 2/8/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
19	SUMMONS Returned Executed by Greg Abbott. Frank Kendall, III served on 1/14/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
20	SUMMONS Returned Executed by Greg Abbott. Frank Kendall, III served on 1/10/2022, answer due 2/4/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
21	SUMMONS Returned Executed by Greg Abbott. Frank Kendall, III served on 1/18/2022, answer due 2/8/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
22	SUMMONS Returned Executed by Greg Abbott. Christine Wormuth served on 1/18/2022, answer due 2/8/2022. (Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
23	MOTION for Leave to File Excess Pages by Greg Abbott. (Attachments: # 1 Text of Proposed Order)(Hilton, Christopher) (Entered: 02/07/2022)	Feb. 7, 2022	Feb. 7, 2022 PACER
24	MOTION for Preliminary Injunction by Greg Abbott. (Attachments: # 1 Text of Proposed Order)(Hilton, Christopher) (Additional attachment(s) added on 2/9/2022: # 2 Corrected Proposed Order) (gsg, ). (Entered: 02/07/2022) 1 Text of Proposed Order View on PACER 2 Corrected Proposed Order View on PACER	Feb. 7, 2022	Feb. 7, 2022 PACER
25	Additional Attachments to Main Document: 24 MOTION for Preliminary Injunction .. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Hilton, Christopher) (Entered: 02/07/2022) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER	Feb. 7, 2022	Feb. 7, 2022 PACER
	MINUTE ORDER granting 23 motion for leave to file excess pages. Ordered by District Judge J. Campbell Barker on 2/8/2022. (ndc)	Feb. 8, 2022	Feb. 8, 2022 PACER
26	MOTION re 25 Additional Attachments to Main Document, 24 MOTION for Preliminary Injunction by Greg Abbott. (Attachments: # 1 Text of Proposed Order)(Hilton, Christopher) (Entered: 02/22/2022) 1 Text of Proposed Order View on PACER	Feb. 22, 2022	Feb. 22, 2022 PACER
27	RESPONSE in Support re 24 MOTION for Preliminary Injunction Governor Dunleavy's Brief in Support of Governor Abbott's Motion for Preliminary Injunction filed by Mike Dunleavy. (Robison, Christopher) (Entered: 02/23/2022)	Feb. 23, 2022	Feb. 23, 2022 RECAP
28	ORDER granting 26 motion for briefing schedule. Response due 3/9/2022. Reply due 3/21/2022. Sur-reply due 4/1/2022. Signed by District Judge J. Campbell Barker on 2/24/2022. (ndc) (Entered: 02/24/2022)	Feb. 24, 2022	Feb. 24, 2022 RECAP
29	SUMMONS Returned Executed by Greg Abbott. Department of the Army served on 1/18/2022, answer due 3/19/2022. (Hilton, Christopher) (Entered: 03/01/2022)	March 1, 2022	March 1, 2022 PACER
30	SUMMONS REISSUED as to Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es), # 5 Summons(es), # 6 Summons(es), # 7 Summons(es), # 8 Summons(es), # 9 Summons(es), # 10 Summons(es), # 11 Summons(es), # 12 Summons(es), # 13 Summons(es), # 14 Summons(es), # 15 Summons(es), # 16 Summons(es), # 17 Summons(es), # 18 Summons(es), # 19 Summons(es), # 20 Summons(es))(ndc) (Entered: 03/01/2022)	March 1, 2022	March 1, 2022 PACER
31	Unopposed MOTION for Leave to File Excess Pages by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Text of Proposed Order)(Gillingham, James) (Entered: 03/07/2022)	March 7, 2022	March 7, 2022 PACER
	MINUTE ORDER granting 31 motion for leave to file excess pages. Ordered by District Judge J. Campbell Barker on 3/8/2022. (ndc)	March 8, 2022	March 8, 2022 PACER
32	NOTICE of Attorney Appearance by Zachary A Avallone on behalf of All Defendants (Avallone, Zachary) (Entered: 03/09/2022)	March 9, 2022	March 9, 2022 PACER
33	RESPONSE in Opposition re 24 MOTION for Preliminary Injunction filed by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Ex. A - Mulcahy Decl., # 2 Ex. B - Bradley Decl., # 3 Ex. C - Stanley Decl., # 4 Ex. D - Rans Decl., # 5 Text of Proposed Order)(Avallone, Zachary) (Entered: 03/09/2022) 1 Ex. A - Mulcahy Decl. View on PACER 2 Ex. B - Bradley Decl. View on PACER 3 Ex. C - Stanley Decl. View on PACER 4 Ex. D - Rans Decl. View on PACER 5 Text of Proposed Order View on PACER	March 9, 2022	March 9, 2022 PACER
34	SUMMONS Returned Executed by Greg Abbott. Lloyd Austin served on 3/7/2022, answer due 5/6/2022; Joseph R. Biden served on 3/7/2022, answer due 5/6/2022; Department of Defense served on 3/8/2022, answer due 5/7/2022; Department of the Air Force served on 3/8/2022, answer due 5/7/2022; Department of the Army served on 3/10/2022, answer due 5/9/2022; Frank Kendall, III served on 3/10/2022, answer due 5/9/2022; Christine Wormuth served on 3/7/2022, answer due 5/6/2022. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es), # 5 Summons(es), # 6 Summons(es))(Hilton, Christopher) (Entered: 03/17/2022)	March 17, 2022	March 17, 2022 PACER
35	Unopposed MOTION for Leave to File Excess Pages by Greg Abbott, Mike Dunleavy. (Attachments: # 1 Text of Proposed Order)(Hilton, Christopher) (Entered: 03/21/2022)	March 21, 2022	March 21, 2022 PACER
36	REPLY to Response to Motion re 24 MOTION for Preliminary Injunction filed by Greg Abbott, Mike Dunleavy. (Hilton, Christopher) (Entered: 03/21/2022)	March 21, 2022	March 21, 2022 RECAP
	MINUTE ORDER granting 35 motion for leave to file excess pages. Ordered by District Judge J. Campbell Barker on 3/22/2022. (ndc)	March 22, 2022	March 22, 2022 PACER
	Order on Motion for Leave to File Excess Pages	March 22, 2022	March 22, 2022 PACER
37	Unopposed MOTION for Leave to File Excess Pages in forthcoming sur-reply by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Text of Proposed Order)(Avallone, Zachary) (Entered: 03/30/2022)	March 30, 2022	March 30, 2022 PACER
	MINUTE ORDER granting 37 motion for leave to file excess pages. Ordered by District Judge J. Campbell Barker on 3/30/2022. (ndc)	March 31, 2022	March 31, 2022 PACER
	Order on Motion for Leave to File Excess Pages	March 31, 2022	March 31, 2022 PACER
38	SUR-REPLY to Reply to Response to Motion re 24 MOTION for Preliminary Injunction filed by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Avallone, Zachary) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
39	SUMMONS Returned Executed by Greg Abbott. All Defendants. (Attachments: # 1 Summons(es), # 2 Summons(es), # 3 Summons(es), # 4 Summons(es), # 5 Summons(es), # 6 Summons(es), # 7 Summons(es), # 8 Summons(es), # 9 Summons(es), # 10 Summons(es))(Hilton, Christopher) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
40	AMENDED SUMMONS Returned Executed by Greg Abbott. Replaces Summons 9 in Docket Entry 39 . (Hilton, Christopher) Modified on 4/14/2022 (gsg). (Entered: 04/14/2022)	April 14, 2022	April 14, 2022 PACER
41	MOTION for Hearing re 24 MOTION for Preliminary Injunction by Greg Abbott. (Attachments: # 1 Exhibit A - Decl. of MG Suelzer)(Olson, Leif) (Additional attachment(s) added on 6/7/2022: # 2 Text of Proposed Order) (gsm, ). (Entered: 06/03/2022) 1 Exhibit A - Decl. of MG Suelzer View on PACER	June 3, 2022	June 3, 2022 PACER
	NOTICE of Hearing on 24 plaintiffs' motion for preliminary injunction. Plaintiffs' motion for hearing 41 is granted. Motion hearing set for 6/22/2022 at 10:00 AM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. (ndc)	June 6, 2022	June 6, 2022 PACER
42	MOTION to Strike Or, In the Alternative, Leave To Respond to ECF No. 41 by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Exhibit Ex. A - Email Conference, # 2 Text of Proposed Order)(Avallone, Zachary) (Entered: 06/06/2022) 1 Exhibit Ex. A - Email Conference View on PACER 2 Text of Proposed Order View on PACER	June 6, 2022	June 6, 2022 PACER
	Notice of Hearing on Motion	June 6, 2022	June 6, 2022 PACER
43	Unopposed MOTION Leave to Appear Telephonically for Hearing on Motion for Preliminary Injunction re Notice of Hearing on Motion Unopposed Motion for Leave to Appear Telephonically by Mike Dunleavy. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Unopposed Motion)(Robison, Christopher) (Entered: 06/07/2022) 1 Text of Proposed Order Proposed Order Granting Unopposed Motion View on PACER	June 7, 2022	June 7, 2022 RECAP
44	Unopposed MOTION for Hearing re Notice of Hearing on Motion to Reschedule Hearing by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Avallone, Zachary) (Additional attachment(s) added on 6/8/2022: # 1 Text of Proposed Order) (klc, ). (Entered: 06/08/2022)	June 8, 2022	June 8, 2022 RECAP
45	ORDER granting defendant's 44 motion to reschedule hearing, denying 43 motion to appear telephonically, and granting 42 motion to strike or respond. Defendants may file a response to only those issues raised in plaintiffs' motion for hearing 41 . The hearing on 24 motion for preliminary injunction is set for 6/23/2022 at 10:00 AM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. (ndc) (Entered: 06/08/2022)	June 8, 2022	June 8, 2022 RECAP
46	RESPONSE to Motion re 44 Unopposed MOTION for Hearing re Notice of Hearing on Motion to Reschedule Hearing filed by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Exhibit Ex. A - Torres Decl.)(Avallone, Zachary) (Entered: 06/16/2022)	June 16, 2022	June 16, 2022 PACER
47	Minute Entry for proceedings held before District Judge J. Campbell Barker: Motion Hearing held on 6/23/2022 re 24 MOTION for Preliminary Injunction. (Court Reporter Susan Zielie.) (ndc) (Entered: 06/23/2022)	June 23, 2022	June 23, 2022 RECAP
48	OPINION AND ORDER denying 24 motion for preliminary injunction. Signed by District Judge J. Campbell Barker on 6/24/2022. (ndc) (Entered: 06/24/2022)	June 24, 2022	June 24, 2022 Clearinghouse
49	NOTICE OF APPEAL as to 48 Order, Terminate Motions by Greg Abbott. Filing fee $ 505, receipt number ATXEDC-8995812. (Hilton, Christopher) (Entered: 06/28/2022)	June 28, 2022	June 28, 2022 RECAP
50	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 23, 2022 before Judge J CAMPBELL BARKER. Court Reporter/Transcriber: SA ZIELIE,Telephone number: 903-590-1065. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 7/20/2022. Release of Transcript Restriction set for 9/27/2022. (saz, ) (Entered: 06/29/2022)	June 29, 2022	June 29, 2022 PACER
51	TRANSCRIPT REQUEST by Greg Abbott, Mike Dunleavy (Olson, Leif) (Transcript already on file in the Clerks Office.) (slo). (Entered: 07/06/2022)	July 6, 2022	July 6, 2022 PACER
	USCA Case Number 22-40399 for 49 Notice of Appeal filed by Greg Abbott. (gsm)	July 15, 2022	July 15, 2022 PACER
	Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re 49 Notice of Appeal : (gsm)	July 15, 2022	July 15, 2022 PACER
52	ANSWER to 4 Amended Complaint, by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth.(Avallone, Zachary) (Entered: 07/15/2022)	July 15, 2022	July 15, 2022 RECAP
53	STATUS REPORT Defendants' Proposed Schedule by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Avallone, Zachary) (Entered: 07/15/2022)	July 15, 2022	July 15, 2022 RECAP
	USCA Case Number	July 15, 2022	July 15, 2022 PACER
	USCA Availability of eROA	July 15, 2022	July 15, 2022 PACER
54	MOTION to Stay re 53 Status Report by Greg Abbott, Mike Dunleavy. (Attachments: # 1 Exhibit A - CA5 mot to expedite, # 2 Text of Proposed Order)(Olson, Leif) (Entered: 07/20/2022) 1 Exhibit A - CA5 mot to expedite View on PACER 2 Text of Proposed Order View on PACER	July 20, 2022	July 20, 2022 RECAP
	COURT ORDER: Plaintiff's 54 motion to stay is granted. This case is stayed until 30 days after the Fifth Circuit issues its mandate in Case No. 22-40399. The parties shall file a status report prior to the expiration of this stay. Ordered by District Judge J. Campbell Barker on 7/21/2022. (ndc)	July 21, 2022	July 21, 2022 PACER
	Order on Motion to Stay	July 21, 2022	July 21, 2022 PACER
55	NOTICE by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth Defendants' Notice of Rescission of DoD COVID-19 Vaccination Requirement (Attachments: # 1 Exhibit Rescission Memo)(Avallone, Zachary) (Entered: 01/11/2023) 1 Exhibit Rescission Memo View on PACER	Jan. 11, 2023	Jan. 11, 2023 RECAP
56	Unopposed MOTION to Withdraw as Attorney Leif A. Olson by Greg Abbott. (Attachments: # 1 Proposed Order)(Olson, Leif) (Additional attachment(s) added on 8/9/2023: # 2 Corrected Proposed Order) (gsm, ). (Entered: 08/02/2023)	Aug. 2, 2023	Aug. 2, 2023 PACER
57	ORDER granting 56 Motion to Withdraw as Attorney. Attorney Leif A Olson terminated. Signed by District Judge J. Campbell Barker on 8/10/2023. (ndc) (Entered: 08/10/2023)	Aug. 10, 2023	Aug. 10, 2023 PACER
58	ORDER SPECIFYING TOPICS FOR STATUS REPORT. Signed by District Judge J. Campbell Barker on 8/30/2023. (gsm) (Entered: 08/30/2023)	Aug. 30, 2023	Aug. 30, 2023 RECAP
59	MANDATE of USCA as to 49 Notice of Appeal filed by Greg Abbott. ORDERED and ADJUDGED that the judgment of the District Court is VACATED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (Attachments: # 1 USCA Opinion, # 2 USCA Cover Letter)(gsm) (Entered: 08/31/2023) 1 USCA Opinion View on PACER 2 USCA Cover Letter View on PACER	Aug. 31, 2023	Aug. 31, 2023 PACER
60	UNOPPOSED MOTION for Extension of Time to File to extend to October 11, 2023, the deadline for each party to file a status report by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Proposed Order)(Avallone, Zachary) (Entered: 09/15/2023) 1 Proposed Order View on PACER	Sept. 15, 2023	Sept. 15, 2023 RECAP
61	ORDER granting 60 motion for extension of time to file a status report. By October 11, 2023, the parties shall file a joint status report, including the topics specified in the court's previous order. Signed by District Judge J. Campbell Barker on 9/18/2023. (ndc) (Entered: 09/18/2023)	Sept. 18, 2023	Sept. 18, 2023 PACER
62	UNOPPOSED MOTION for Extension of Time to File Status Reports by Greg Abbott. (Attachments: # 1 Proposed Order)(Hilton, Christopher) (Entered: 10/11/2023)	Oct. 11, 2023	Oct. 11, 2023 PACER
63	ORDER denying 62 Motion for Extension of Time to File. Signed by District Judge J. Campbell Barker on 10/11/2023. (ndc) (Entered: 10/11/2023)	Oct. 11, 2023	Oct. 11, 2023 PACER
64	STATUS REPORT by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Exhibit Ex. A - Sept. 27, 2023 Ltr. E. Prelogar to K. McCarthy)(Avallone, Zachary) (Entered: 10/11/2023)	Oct. 11, 2023	Oct. 11, 2023 Clearinghouse
65	UNOPPOSED MOTION for Leave to File Status Report by Greg Abbott. (Attachments: # 1 Proposed Order)(Hilton, Christopher) (Entered: 10/12/2023)	Oct. 12, 2023	Oct. 12, 2023 PACER
66	STATUS REPORT by Greg Abbott. (Hilton, Christopher) (Entered: 10/12/2023)	Oct. 12, 2023	Oct. 12, 2023 PACER
67	NOTICE of Designation of Attorney in Charge to Amy Snow Hilton on behalf of Greg Abbott (Hilton, Amy) (Entered: 10/18/2023)	Oct. 18, 2023	Oct. 18, 2023 PACER
68	NOTICE of Hearing: Status Conference set for 10/30/2023 at 10:00 AM before District Judge J. Campbell Barker. (ndc) (Entered: 10/19/2023)	Oct. 19, 2023	Oct. 19, 2023 PACER
	Notice of Hearing	Oct. 19, 2023	Oct. 19, 2023 PACER
69	NOTICE of Attorney Appearance by Liam Holland on behalf of All Defendants (Holland, Liam) (Entered: 10/19/2023)	Oct. 19, 2023	Oct. 19, 2023 PACER
70	UNOPPOSED MOTION to Withdraw as Attorney by Lloyd Austin, Joseph R. Biden, Department of Defense, Department of the Air Force, Department of the Army, Frank Kendall, III, Christine Wormuth. (Attachments: # 1 Proposed Order)(Avallone, Zachary) (Entered: 10/19/2023)	Oct. 19, 2023	Oct. 19, 2023 PACER
71	COURT ORDER: The motion to withdraw Christopher D. Hilton contained within the closing paragraph of 67 notice of designation of attorney in charge is granted. Ordered by District Judge J. Campbell Barker on 10/24/2023. (ndc) (Entered: 10/24/2023)	Oct. 24, 2023	Oct. 24, 2023 PACER
	Order AND ~Util - Add and Terminate Attorneys AND ~Util - Terminate Motions	Oct. 24, 2023	Oct. 24, 2023 PACER
	Order AND ~Util - Add and Terminate Attorneys	Oct. 24, 2023	Oct. 24, 2023 PACER
72	MINUTE ORDER: Defendants' 70 unopposed motion to withdraw Zachary A. Avallone as counsel is granted. Ordered by District Judge J. Campbell Barker on 10/24/2023. (ndc) (Entered: 10/24/2023)	Oct. 24, 2023	Oct. 24, 2023 PACER
73	Minute Entry for proceedings held before District Judge J. Campbell Barker: Status Conference held on 10/30/2023 from 10:11-11:43. Attorney Appearances: Plaintiff - Amy Hilton, Christpher Robison; Defense - Liam Holland, James Gillingham. No exhibits. Court Reporter - Susan Zielie. (ndc) (Entered: 10/30/2023)	Oct. 30, 2023	Oct. 30, 2023 PACER
74	STATUS REPORT (Joint) by Greg Abbott. (Hilton, Amy) (Entered: 10/31/2023)	Oct. 31, 2023	Oct. 31, 2023 PACER
75	ORAL ORDER: granting 65 unopposed motion for leave to file status report. Ordered by District Judge J. Campbell Barker on 10/30/2023. (ndc) (Entered: 11/01/2023)	Nov. 1, 2023	Nov. 1, 2023 PACER
	Order on Motion for Leave to File	Nov. 1, 2023	Nov. 1, 2023 PACER
76	ORDER regarding the parties' joint status report 74 . Signed by District Judge J. Campbell Barker on 11/1/2023. (ndc) (Main Document 76 replaced on 11/2/2023) (ndc, ). (Entered: 11/01/2023)	Nov. 1, 2023	Nov. 1, 2023 PACER
77	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/30/23 before Judge J CAMPBELL BARKER. Court Reporter/Transcriber: SA ZIELIE,Telephone number: 9035901065. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 11/24/2023. Release of Transcript Restriction set for 2/1/2024. (saz, ) (Entered: 11/03/2023)	Nov. 3, 2023	Nov. 3, 2023 PACER
78	ORDER setting briefing schedule and dismissing plaintiffs' request for the relief of setting aside or vacating agency action as moot. Signed by District Judge J. Campbell Barker on 11/3/2023. (ndc) (Entered: 11/03/2023)	Nov. 3, 2023	Nov. 3, 2023 PACER
79	PAPER TRANSCRIPT REQUEST by Greg Abbott for proceedings held on Status Hearing on 10/30/23 before Judge J Campbell Barker. (Hilton, Amy) (Forwarded to official court reporter, Susan Zielie, on 11/6/2023 (bas) (Entered: 11/06/2023)	Nov. 6, 2023	Nov. 6, 2023 PACER
80	NOTICE by Lloyd Austin, Department of Defense of Filing Administrative Record (Attachments: # 1 Certification and Index, # 2 Administrative Record (1 of 17), # 3 Administrative Record (2 of 17), # 4 Administrative Record (3 of 17), # 5 Administrative Record (4 of 17), # 6 Administrative Record (5 of 17), # 7 Administrative Record (6 of 17), # 8 Administrative Record (7 of 17), # 9 Administrative Record (8 of 17), # 10 Administrative Record (9 of 17), # 11 Administrative Record (10 of 17), # 12 Administrative Record (11 of 17), # 13 Administrative Record (12 of 17), # 14 Administrative Record (13 of 17), # 15 Administrative Record (14 of 17), # 16 Administrative Record (15 of 17), # 17 Administrative Record (16 of 17), # 18 Administrative Record (17 of 17))(Holland, Liam) (Entered: 11/30/2023)	Nov. 30, 2023	Nov. 30, 2023 PACER

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Case Details

State / Territory: Texas

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Jan. 4, 2022

Closing Date: Jan. 3, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Governor Greg Abbott, in his official capacity as Governor of the State of Texas, and Governor Mike Dunleavy, in his official capacity as Governor of the State of Alaska.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (Washington, D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: