This case was last updated from U.S. District Courts on 11/09/2024 at 11:08:45 (UTC).

Missouri et al v. Biden et al

Case Summary

On May 5, 2022, the State of Missouri and the State of Louisiana (together, “Plaintiffs”), represented by Elizabeth B. Murrill of the Louisiana Attorney General's Office, filed a civil action against Joseph R. Biden, Jr.; Jennifer Rene Psaki; Vivek H. Murthy; Xavier Becerra; the Department of Health and Human Services (HHS); and Ors (collectively, “Defendants”), seeking declaratory and injunctive relief, among other reliefs, for the Defendants’ alleged creation of a “Disinformation Governance Board” within the Department of Homeland Security which violates the fundamental right of free speech and free discourse for virtually all citizens in Missouri, Louisiana, and America, both on social media and elsewhere. This case was filed in U.S. District Court in the Western District of Louisiana with Judge Terry A. Doughty and Judge Kayla D. McClusky presiding. 

In the complaint, Plaintiffs alleged that, “Defendants’ campaign of censorship has culminated in the recent announcement of the creation of a “Disinformation Governance Board '' within the Department of Homeland Security. “Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth.” United States v. Alvarez, 567 U.S. 709, 728 (2012) (plurality op.). Likewise, our constitutional tradition stands against the idea that we need a “Disinformation Governance Board” within our federal domestic-security apparatus.”

The Plaintiffs further alleged that, “On information and belief, the immunity provided by Section 230 of the CDA directly contributed to the rise of a small number of extremely powerful social-media platforms, who have now turned into a “censorship cartel.” The liability provided by the federal government artificially subsidized, fostered, and encouraged the viewpoint and content-based censorship policies that those platforms have adopted at Defendants’ urging.”

The Plaintiffs also alleged that, “As a direct result of these actions, there has been an unprecedented rise of censorship and suppression of free speech—including core political speech—on social-media platforms. Not just fringe views, but perfectly legitimate, responsible viewpoints and speakers have been unlawfully and unconstitutionally silenced in the modern public square. These actions gravely threaten the fundamental right of free speech and free discourse for virtually all citizens in Missouri, Louisiana, and America, both on social media and elsewhere.”

The Plaintiffs then alleged that, “Thus, Defendants’ conduct alleged herein has created, with extraordinary efficacy, a situation where Americans seeking to exercise their core free-speech right to criticize the President of the United States are subject to aggressive prior restraint by private companies acting at the bidding of government officials. This situation is intolerable under the First Amendment.”

The Plaintiffs have laid down four claims for relief. The first claim alleged is for violation of the First Amendment, the second claim alleged is for an action in excess of statutory authority, the third claim alleged is against the HHS Defendants for the alleged violation of the Administrative Procedure Act and the last claim alleged is against the DHS Defendants for the alleged violation of the Administrative Procedure Act

In their prayer for relief, the Plaintiffs requested that the Court declare that the Defendants’ conduct violates the First Amendment of the U.S. Constitution; declare that the Defendants’ conduct is ultra vires and exceeds their statutory authority; and also declare that the Defendants’ conduct violates the Administrative Procedure Act and is unlawful, and vacate and set aside such conduct and also grant injunctive relief against the Defendants from continuing to engage in the unlawful conduct alleged herein. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-01213

  • Filing Date:

    05/05/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Administrative Procedure Act

Judge Details

Presiding Judge

Terry A Doughty

Referral Judge

Kayla D McClusky

 

Party Details

Plaintiffs

State of Missouri

State of Louisiana

Aaron Kheriaty

Defendants

Joseph R Biden, Jr

Xavier Becerra

Dept of Health & Human Services

Centers for Disease Control & Prevention

Alejandro Mayorkas

Dept of Homeland Security

Jen Easterly

Cybersecurity & Infrastructure Security Agency

Nina Jankowicz

Vivek H Murthy

Anthony Fauci

National Institute of Allergy & Infectious Diseases

86 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Jenin Younes

Todd Scott

Joshua M Divine

Tracy L Short

John J Vecchione

Defendant Attorneys

Indraneel Sur

Kuntal Cholera

Kyla Snow

Joshua E Gardner

Other Attorneys

Glynn Shelly Maturin, II

John C Burns

Brian Wade Arabie

Travis Christopher Barham

27 More Attorneys Available

 

Court Documents

#404

(#404) MEMORANDUM ORDER granting Plaintiffs permission to conduct limited jurisdictional discovery and denying Plaintiffs' request to amend their complaint. Further Order that Plaintiffs file a proposed discovery schedule within 14 days. Defendants shall respond 14 days after Plaintiffs file their proposed schedule and Plaintiffs may file a reply 7 days thereafter. Signed by Judge Terry A Doughty on 11/8/2024. (crt,Crawford, A) (Entered: 11/08/2024)

403 #1

Exhibit CA5 Op. (No. 24-30252)

#403

(#403) NOTICE of supplemental authority by All Defendants re #389 Order re: CA5 opinion in No. 24-30252 (Attachments: #1 Exhibit CA5 Op. (No. 24-30252))(aty,Sur, Indraneel) (Entered: 11/06/2024)

#402

(#402) SUR-REPLY to RESPONSE to #389 Order, by all defendants. (crt,Crawford, A) (Entered: 11/05/2024)

#401

(#401) ORDER granting #400 Motion for Leave to File Surreply. Signed by Judge Terry A Doughty on 11/5/2024. (crt,Crawford, A) (Entered: 11/05/2024)

400 #2

Proposed order

400 #1

Exhibit proposed surreply

#400

(#400) MOTION to Strike #399 Response in Support, by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/1/2024. (Attachments: #1 Exhibit proposed surreply, #2 Proposed order)(aty,Sur, Indraneel). Added MOTION for Leave to File Surreply on 11/4/2024 (Thomas, T). (Entered: 11/01/2024)

#389

(#399) REPLY MEMORANDUM in Support of Brief Opposing Dismissal--Reply Brief by State of Missouri, Aaron Kheriaty, Martin Kulldorff, Jim Hoft, Jayanta Bhattacharya, Jill Hines, State of Louisiana re #389 Order . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(aty,Younes, Jenin) Modified to remove duplicate text on 10/30/2024 (Thomas, T). (Entered: 10/29/2024)

6 #2

Proposed order

5 #2

Proposed order

5 #1

Certificate of good standing

#5

(#5) MOTION for D. John Sauer to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124378) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

#4

(#4) SUMMONS REISSUED as to Joseph R Biden, Jr. (crt,Thomas, T) (Entered: 05/27/2022)

#3

(#3) SUMMONS ISSUED as to Cybersecurity & Infrastructure Security Agency. (crt,Thomas, T) (Entered: 05/06/2022)

#2

(#2) SUMMONS ISSUED as to U S Attorney, U S Attorney General, Joseph R Biden, Jr, Jennifer Rene Psaki, Vivek H. Murthy, Xavier Becerra, Dept of Health & Human Services, Dr. Anthony Fauci, National Institute of Allergy and Infectious Diseases, Centers for Disease Control & Prevention, Alejandro Mayorkas, Dept of Homeland Security, Jen Easterly, Jen Easterly, Nina Jankowicz. (crt,Thomas, T) (Entered: 05/05/2022)

1 #1

Civil cover sheet

#1

(#1) COMPLAINT against All Defendants (Filing fee $402, receipt number ALAWDC-5093842) filed by State of Louisiana, State of Missouri. (Attachments: #1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Missouri(pty:pla))(aty,Murrill, Elizabeth) (Entered: 05/05/2022)

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Docket Entries

11/08/2024
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Docket(#404) MEMORANDUM ORDER granting Plaintiffs permission to conduct limited jurisdictional discovery and denying Plaintiffs' request to amend their complaint. Further Order that Plaintiffs file a proposed discovery schedule within 14 days. Defendants shall respond 14 days after Plaintiffs file their proposed schedule and Plaintiffs may file a reply 7 days thereafter. Signed by Judge Terry A Doughty on 11/8/2024. (crt,Crawford, A) (Entered: 11/08/2024)

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11/06/2024
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Docket(#403) NOTICE of supplemental authority by All Defendants re #389 Order re: CA5 opinion in No. 24-30252 (Attachments: #1 Exhibit CA5 Op. (No. 24-30252))(aty,Sur, Indraneel) (Entered: 11/06/2024)

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11/05/2024
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Docket(#402) SUR-REPLY to RESPONSE to #389 Order, by all defendants. (crt,Crawford, A) (Entered: 11/05/2024)

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11/05/2024
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Docket(#401) ORDER granting #400 Motion for Leave to File Surreply. Signed by Judge Terry A Doughty on 11/5/2024. (crt,Crawford, A) (Entered: 11/05/2024)

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11/01/2024
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DocketMotions Transferred regarding #400 MOTION to Strike #399 Response in Support MOTION for Leave to File. Motions referred to Judge Terry A Doughty. (crt,Thomas, T) (Entered: 11/04/2024)

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11/01/2024
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Docket(#400) MOTION to Strike #399 Response in Support, by All Defendants. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/1/2024. (Attachments: #1 Exhibit proposed surreply, #2 Proposed order)(aty,Sur, Indraneel). Added MOTION for Leave to File Surreply on 11/4/2024 (Thomas, T). (Entered: 11/01/2024)

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10/29/2024
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Docket(#399) REPLY MEMORANDUM in Support of Brief Opposing Dismissal--Reply Brief by State of Missouri, Aaron Kheriaty, Martin Kulldorff, Jim Hoft, Jayanta Bhattacharya, Jill Hines, State of Louisiana re #389 Order . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(aty,Younes, Jenin) Modified to remove duplicate text on 10/30/2024 (Thomas, T). (Entered: 10/29/2024)

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10/22/2024
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Docket(#398) ORDER granting #397 Motion for Leave to File Brief in Excess of Page Limitation. Plaintiffs are granted leave to file a reply brief of up to 25 pages. Signed by Judge Terry A Doughty on 10/22/2024. (crt,Crawford, A) (Entered: 10/22/2024)

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10/22/2024
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DocketMotions Transferred regarding #397 First MOTION for Leave to File Excess Pages . Motions referred to Judge Terry A Doughty. (crt,Thomas, T) (Entered: 10/22/2024)

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10/22/2024
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Docket(#397) First MOTION for Leave to File Excess Pages by All Plaintiffs. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 10/22/2024. (Attachments: #1 Proposed order)(aty,Younes, Jenin) (Entered: 10/22/2024)

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06/03/2022
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Docket(#9) AFFIDAVIT of Service for Summons and Complaint served on Joseph R. Biden, Jr., in his official capacity as President of the United States, et al. on May 10, 2022 and May 27, 2022, filed by State of Missouri. (Attachments: #1 Exhibit 1)(aty,Sauer, Dean) (Entered: 06/03/2022)

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06/02/2022
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Docket(#8) ORDER granting #6 Motion to Appear Pro Hac Vice for appearance of Michael Talent for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A) (Entered: 06/02/2022)

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06/02/2022
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Docket(#7) ORDER granting #5 Motion to Appear Pro Hac Vice for appearance of D John Sauer for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A) (Entered: 06/02/2022)

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06/01/2022
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Docket(#6) MOTION for Michael Talent to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124394) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

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06/01/2022
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Docket(#5) MOTION for D. John Sauer to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124378) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

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05/27/2022
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Docket(#4) SUMMONS REISSUED as to Joseph R Biden, Jr. (crt,Thomas, T) (Entered: 05/27/2022)

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05/06/2022
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Docket(#3) SUMMONS ISSUED as to Cybersecurity & Infrastructure Security Agency. (crt,Thomas, T) (Entered: 05/06/2022)

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05/05/2022
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Docket(#2) SUMMONS ISSUED as to U S Attorney, U S Attorney General, Joseph R Biden, Jr, Jennifer Rene Psaki, Vivek H. Murthy, Xavier Becerra, Dept of Health & Human Services, Dr. Anthony Fauci, National Institute of Allergy and Infectious Diseases, Centers for Disease Control & Prevention, Alejandro Mayorkas, Dept of Homeland Security, Jen Easterly, Jen Easterly, Nina Jankowicz. (crt,Thomas, T) (Entered: 05/05/2022)

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05/05/2022

DocketCASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Thomas, T) (Entered: 05/05/2022)

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05/05/2022
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Docket(#1) COMPLAINT against All Defendants (Filing fee $402, receipt number ALAWDC-5093842) filed by State of Louisiana, State of Missouri. (Attachments: #1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Missouri(pty:pla))(aty,Murrill, Elizabeth) (Entered: 05/05/2022)

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