2022-04-08 14:48:40
Highlights from today's F4MF call. Highly recommend dialing in. They're every week at 5pm PST:
*The lawyers expected this result. They are ready to file an en banc appeal. They are actually happy with the result. It was fairly straightforward and easy to argue against.
*The 5th circuit ruling is not on the merits of the case. It essentially says the 5th circuit does not have the authority to put an injunction against the mandate. It does nothing to establish precedent on the case.
*The DOJ knows we will file an en banc request. Therefore, they will likely not act until the 5th circuit decides to accept or reject the en banc appeal (all 17 judges issue a ruling instead of random 3 panel)
*Evaluation of REs and MEs will likely continue.
*Punitive actions are likely a way from now.
*Should the 5th circuit approve an en banc appeal, they will likely rule in our favor.
*Should the 5th circuit deny the en banc appeal, our last stop is SCOTUS (Supreme Court).
*F4MF found a plaintiff in a small district in Louisiana in a favorable court. This will likely give an injunction for active duty and VA employees.
Bottom line - stay optimistic. The fight is not over. No ruling has yet been given on the merits of the case. The injunction hearings are purely administrative. Nothing has been lost until the courts decide on the merits of the case, which has not yet happened.
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