DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222058P.pdf 03/16/2023 Tanner Roth v. Lloyd Austin, III
U.S. Court of Appeals Case No: 22-2058
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Wollman and Stras, Circuit Judges]
Civil case - COVID. In this case members of the Air Force, Air Force
Reserve, and Air National Guard challenged the Air Forces' March, 2022
requirement that all service members, with certain exemptions, must be
vaccinated against COVID-19. The Airmen appeal the district court's order
denying their request for preliminary injunctive relief. In light of
intervening developments, including recission of the mandate in the
National Defense Authorization Act and a ruling in a case in Ohio where
the relief requested in plaintiff's complaint was granted to their class,
the matter is moot, and the appeal is dismissed. Judge Stras, concurring
in the judgment.