A year after the case was dismissed by a district court, the Association of American Physicians and Surgeons (AAPS) Educational Foundation filed an appeal for the right to sue the American Board of Internal Medicine, the American Board of Obstetrics and Gynecology, the American Board of Family Medicine, and the secretary of the U.S. Department of Homeland Security for “coordinated” attempts to “censor and chill the speech of physicians,” especially those “who spoke critically of positions taken by Dr. Anthony Fauci, lockdowns, mask mandates, Covid vaccination, and abortion.”

A district court judge had ruled AAPS lacked standing and denied AAPS’s attempt to amend the claim. But in a decision filed June 3, the U.S. Court of Appeals for the 5th Circuit reversed the dismissal, and the case has now been remanded to a lower court for discovery and potentially a full trial.