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COMMONWEALTH v. BESHEAR

No. 20-6341.

981 F.3d 505 (2020)

COMMONWEALTH of Kentucky, Attorney General Daniel Cameron, ex rel. Danville Christian Academy, Inc., et al., Plaintiffs-Appellees, v. Andrew G. BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 29, 2020.

Attorney(s) appearing for the Case

ON MOTION FOR A STAY OF PRELIMINARY INJUNTION PENDING APPEAL: Amy D. Cubbage , S. Travis Mayo , Marc G. Farris , Taylor Payne , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellant. ON RESPONSE: Barry L. Dunn , S. Chad Meredith , Matthew F. Kuhn , Carmine G. Iaccarino , Brett R. Nolan , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, David J. Hacker , Roger Byron , FIRST LIBERTY INSTITUTE, Plano, Texas, for Appellees. ON BRIEF: Christopher Wiest , CHRIS WIEST, ATTY AT LAW, PLLC, Crestview Hills, Kentucky, Thomas Bruns , BRUNS CONNELL VOLLMAR ARMSTRONG, Cincinnati, Ohio, Bryan H. Beauman , STURGILL, TURNER, BARKER & MOLONEY, PLLC, Lexington, Kentucky, John J. Bursch , ALLIANCE DEFENDING FREEDOM, Washington, D.C., Noah R. Friend , KENTUCKY STATE TREASURER, Frankfort, Kentucky, Ryan Morrison , Louisville, Kentucky, for Amici Curiae.

Before: MOORE, ROGERS, and WHITE, Circuit Judges.

ORDER

This is an appeal from a preliminary injunction, primarily based on the Free Exercise Clause of the First Amendment, against enforcement of a COVID-19-related executive order by Governor Andrew G. Beshear prohibiting in-person instruction at all public and private elementary and secondary schools in the Commonwealth. The Governor moves to stay the preliminary injunction pending appeal. Plaintiffs respond in opposition, and a number of amici curiae join in...

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