United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 27, 2022 No. 22-40043 Lyle W. Cayce Clerk Feds for Medical Freedom; Local 918, American Federation of Government Employees; Highland Engineering, Incorporated; Raymond A. Beebe, Jr.; John Armbrust; et al., Plaintiffs—Appellees, versus Joseph R. Biden, Jr., in his official capacity as President of the United States; The United States of America; Pete Buttigieg, in his official capacity as Secretary of Transportation; Department of Transportation; Janet Yellen, in her official capacity as Secretary of Treasury; et al., Defendants—Appellants.

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:21-CV-356

ON PETITION FOR REHEARING EN BANC (Opinion April 7, 2022, 5 Cir., 2022 , 30 F.4th 503) No. 22-40043

Before Richman, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.

Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion dated April 7, 2022, is VACATED.