CROCKER v. AUSTIN

No. 23-30497.

115 F.4th 660 (2024)

Faith CROCKER; David J. Schadwinkel; Ian R. McHaley; Christopher F. Duff; Byron O. Starks, Jr.; Wayne E. Johnson; Mendell L. Potier, Plaintiffs-Appellants, v. Lloyd AUSTIN; United States Department of Defense; Frank Kendall, III; Robert I. Miller; Richard W. Scobee, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 23, 2024.


Attorney(s) appearing for the Case

James Stuart Baehr, Assistant U.S. Attorney, Pelican Institute for Public Policy, New Orleans, LA, for Plaintiffs-Appellants.

Sarah Clark Griffin, U.S. Department of Justice, Civil Division, Washington, DC, Jennifer Bailey Frederick, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, for Defendants-Appellees.

Before Southwick and Duncan, Circuit Judges, and Kernodle, District Judge.


This appeal arises out of the Air Force's COVID-19 vaccine mandate. After the Air Force rescinded the mandate, the district court dismissed the case as moot. The district court also separately dismissed the claims of Plaintiff-Appellant Byron O. Starks, Jr. for lack of standing because the Air Force had separated...

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