The state soon dismissed the lawsuit, but filed a new suit with Louisiana in April 2021 after the administration issued modified interim guidance in February.

In November, the 5th Circuit, sitting en banc, vacated the panel opinion.

On June 10, 2022, the court held the final guidance violated the Administrative Procedure Act, and vacated it.

On March 22, 2022, Judge Michael J. Newman issued a preliminary injunction against the guidance, which the United States Court of Appeals for the Sixth Circuit stayed on April 12, 2022, and reversed on July 5, 2022.

On July 21, 2022, the court denied the application for stay in a 5–4 vote, but granted certiorari before judgment and set the case for argument in the December sitting.