Exhibit 866

Missouri v. Biden, 83 F.4th 350 (5th Cir. 2023) (revised opinion), No. 23-30445

Exhibit 866 · Court opinion

Missouri v. Biden, 83 F.4th 350 (5th Cir. 2023) (revised opinion), No. 23-30445

We agree, but only as to some of those officials.

Affirms in part, reverses in part, vacates and modifies the preliminary injunction: holds that the White House, Surgeon General's office, CDC and FBI likely coerced or significantly encouraged platforms and that CISA likely significantly encouraged them; the court removed NIAID and the State Department from the injunction. After the Supreme Court's decision, the Fifth Circuit vacated the injunction and remanded (26 August 2024).

Source: U.S. Court of Appeals for the Fifth Circuit
Date: 3 October 2023
Quoted from: Opinion, introduction (page 2 of the slip opinion)
Grade: Primary record
Document: https://www.ca5.uscourts.gov/opinions/pub/23/23-30445-CV1.pdf
Accessed: 2026-11-09
Cited by: Findings citing this exhibit

Cited by

Finding POL-7.12: Primary record The Fifth Circuit on 3 October 2023 agreed with the district court "but only as to some of those officials" and removed NIAID and the State Department from the injunction. On 26 June 2024 the Supreme Court held 6-3 in Murthy v. Missouri that "no plaintiff has carried that burden" and so "none has standing to seek a preliminary injunction."