BRACH v. NEWSOM

No. 20-56291.

6 F.4th 904 (2021)

Matthew BRACH, an individual; Jesse Petrilla, an individual; Lacee Beaulieu, an individual; Erica Sephton, an individual; Kenneth Fleming, an individual; John Ziegler, an individual; Alison Walsh, an individual; Roger Hackett, an individual; Christine Ruiz, an individual; Z.R., a minor; Adebukola Onibokum, an individual; Brian Hawkins, an individual; Tiffany Mitrowke, an individual; Marianne Bema, an individual; Ashley Ramirez, an individual, Plaintiffs-Appellants, v. Gavin NEWSOM, in his official capacity as the Governor of California; Robert A. Bonta, in his official capacity as the Attorney General of California; Tomás J Aragón, in his official capacity as the State Public Health Officer of California and Director of the California Department of Public Health; Tony Thurmond, in his official capacity as State Superintendent of Public Instruction of California and Director of Education of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2021.


Attorney(s) appearing for the Case

Harmeet Dhillon, Esquire , Mark P. Meuser , Dhillon Law Group, Inc., San Francisco, CA, Robert Edward Dunn, Esquire , Eimer Stahl, LLP, San Jose, CA, for Plaintiffs-Appellants.

Jennifer Ann Bunshoft , Deputy Attorney General, AGCA — Office of the California Attorney General, San Francisco, CA, Darin L. Wessel , AGCA — Office of the Attorney General (San Diego), San Diego, CA, for Defendants-Appellees.

Dissent by Judge Hurwitz.


OPINION

Plaintiffs, 14 parents and one student, appeal from the district court's grant of summary judgment dismissing their federal constitutional challenges to the State of California's extended prohibition on in-person schooling during the Covid-19 ("Covid") pandemic. We conclude that, despite recent changes to...

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