Boyden Gray PLLC has led the charge against federal vaccine mandates.  On behalf of a coalition of small businesses, the firm filed the first emergency motion against the OSHA mandate at the U.S. Supreme Court, which ultimately adopted the firm’s arguments.  The firm also saved the careers of countless employees by obtaining a nationwide injunction against the federal employee vaccine mandate, and the firm has defended that injunction on appeal, including before the 17-judge en banc Fifth Circuit.  To date, this remains the only successful lawsuit against the federal employee mandate.

The firm also routinely challenges the Food & Drug Administration, including in a high-profile suit alleging the agency dragged its feet for nearly two years rather than grant the State of Florida’s request to start importing safe, cheap prescription drugs from Canada.  The firm is actively litigating a separate suit alleging the agency has unlawfully interfered in the practice of medicine.

In addition, the firm has filed appellate briefs regarding funding for healthcare providers under the Medicaid Act and the tax implications of the Affordable Care Act.

Litigation:

• The Fifth Circuit Grants Rehearing En Banc in Boyden Gray PLLC Federal Worker Vax Mandate Suit
• Doctors Sue FDA Over Unlawful Attempts to Prohibit Ivermectin Use
• Boyden Gray PLLC Files Petition for Review of OSHA ETS Covid-19 Vaccine Mandate on Behalf of Job Creators Network, et al.
• Brief of Reason for Life as Amicus Curiae in Support of Petitioners, Dobbs v. Jackson Women’s Health Organization, Appeal from the U.S. Court of Appeals for the Fifth Circuit (July 29, 2021)
• Brief of Amicus Curiae Kevin Donovan, M.D., Planned Parenthood v. Smith, No. 17-50282 (5th Cir. Aug. 14, 2017)
• Brief of Amicus Curiae The Galen Institute, King v. Burwell, No. 14-114 (S. Ct. Dec. 29, 2014)
• Brief of Amicus Curiae The Galen Institute, Halbig v. Burwell, No. 14-5018 (D.C. Cir. Oct. 3, 2014) (en banc)
• Brief of Amicus Curiae The Galen Institute, King v. Sebelius, No. 14-1158 (4th Cir. Feb. 6, 2014)
• Brief of Amicus Curiae The Galen Institute, Halbig v. Sebelius, No. 14-5018 (D.C. Cir. Feb. 6, 2014)

Commentary:

• GRAY: New York’s Discriminatory Policies are Immoral and Unlawful, Jan. 19, 2022
• BERRY: OSHA, Title VII, and Limits on Vaccine Mandates
• GRAY & CARSON: Early COVID-19 Treatments Should Not be Ignored, Washington Examiner, October 26, 2021
• Ethics and Public Policy Center and Boyden Gray PLLC Demand HHS Hold New Hampshire Accountable for Unlawful Racial Set-Asides in COVID-19 Vaccine Distribution.
• GRAY: The U.S. Media Are Suppressing the Truth About Hydroxychloroquine, American Greatness, December 18, 2020
• GRAY: Revisiting Hydroxychloroquine, American Conservative, October 19, 2020
• GRAY: Allocation of Funds Collected Under the Affordable Care Act’s Transitional Reinsurance Program Between Treasury And Reinsurance-Eligible Issuers (May 23, 2016)
• GRAY, WHITE & GUSTAFSON: Did the Challengers in King Really Ignore Federalism? Their Response, Volokh Conspiracy, Mar. 3, 2015
• GRAY: The Obama Administration Cannot Unilaterally Fund the Affordable Care Act’s “Risk Corridors” Without Congressional Appropriations (Sept. 18, 2014)
• GRAY: The Medicare Modernization Act’s Prohibition Against Federal Negotiation of Drug Prices (Feb. 24, 2013)