ARC OF IOWA v. REYNOLDS

No. 21-3268.

33 F.4th 1042 (2022)

The ARC OF IOWA; Charmaine Alexander, Individually and on behalf of C.B.; Johnathan Craig, Individually and on behalf of E.C. on behalf of J.C.; Michelle Croft, Individually and on behalf of J.J.B.; Amanda Devereaux, Individually and on behalf of P.D.; Carissa Froyum Roise, Individually and on behalf of H.J.F.R.; Lidija Geest, Individually and on behalf of K.G.; Melissa Hadden, Individually and on behalf of V.M.H.; Lisa Hardisty Sithonnorath, Individually and on behalf of A.S.; Heather Lynn Preston, Individually and on behalf of M.P. on behalf of S.P.; Rebekah Stewart, Individually and on behalf of E.M.S.; Erin Vercande, Individually and on behalf of S.V., Plaintiffs-Appellees v. Kimberly REYNOLDS, In her official capacity as Governor of Iowa; Ann Lebo, In her official capacity as Director of the Iowa Department of Education, Defendants-Appellants. Ankeny Community School District; Council Bluffs Community School District; Davenport Community School District; Decorah Community School District; Denver Community School District; Des Moines Public Schools; Iowa City Community School District; Johnston Community School District; Linn Mar Community School District; Waterloo Community School District, Defendants. American Academy of Pediatrics; American Academy of Pediatrics, Iowa Chapter, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 16, 2022.


Attorney(s) appearing for the Case

Shefali Aurora , Rita N. Bettis Austen , Leah Denise Patton , ACLU of Iowa Foundation, Des Moines, IA, Jennesa Calvo-Friedman , American Civil Liberties Union Foundation, New York, NY, Jim T. Duff , Thomas J. Duff , Duff Law Firm, West Des Moines, IA, Anthony J. Frame , John Arak Freedman , Elisabeth S. Theodore , Arnold & Porter, Washington, DC, Catherine Elizabeth Johnson , Cynthia Ann Miller , Disability Rights Iowa, Des Moines, IA, Louise Melling , American Civil Liberties Union Foundation, New York, NY, Susan Mizner , American Civil Liberties Union, ACLU of Northern California, San Francisco, CA, Shira Wakschlag, Arc of the United States, Washington, DC, for Plaintiffs-Appellees.

Samuel Paul Langholz , Assistant Attorney General, Jeffrey S. Thompson , Attorney General's Office, Des Moines, IA, for Defendants-Appellants Kimberly Reynolds and Ann Lebo.

Miriam Deborah Van Heukelem , Ahlers & Cooney, Des Moines, IA, for Defendants Ankeny Community School District, Davenport Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Johnston Community School District, Linn Mar Community School District and Waterloo Community School District.

Timothy A. Clausen , Klass Law Firm, Sioux City, IA, for Defendant Council Bluffs Community School District.

Jeffrey B. Dubner , Jessica Morton , Democracy Forward Foundation, Washington, DC, Leon Bradford Greenfield , David Katz , Perry Lange , Anna Noone , Wilmer & Cutler, Washington, DC, Samuel E. Jones , Caitlin Slessor , Shuttleworth & Ingersoll, Cedar Rapids, IA, for Amicus on Behalf of Appellees American Academy of Pediatrics and American Academy of Pediatrics, Iowa Chapter.

Before BENTON, KELLY, and ERICKSON, Circuit Judges.


Defendants Kim Reynolds, Governor of Iowa, and Ann Lebo, Director of the Iowa Department of Education, appeal the district court's entry of a preliminary injunction completely barring enforcement of Iowa Code Section 280.31.

This Court vacates the preliminary injunction as moot. The issues surrounding the preliminary injunction are...

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