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LIVINGSTON EDUCATIONAL SERVICE AGENCY v. BECERRA

No. 22-1257.

35 F.4th 489 (2022)

LIVINGSTON EDUCATIONAL SERVICE AGENCY; Wayne-Westland Community Schools, Plaintiffs-Appellants, v. Xavier BECERRA, in his official capacity as Secretary of Health and Human Services; U.S. Department of Health and Human Services; Jooyeun Chang, in her official capacity as Assistant Secretary and Principal Deputy Assistant Secretary of the Administration for Children and Families; Administration for Children and Families; Bernadine Futrell, in her official capacity as the Director of the Office of Head Start, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 20, 2022.

Attorney(s) appearing for the Case

ON MOTION FOR INJUNCTION PENDING APPEAL AND REPLY: Daniel R. Suhr , LIBERTY JUSTICE CENTER, Chicago, Illinois, Amy E. Murphy , Rebecca L. Strauss , MILLER JOHNSON, Grand Rapids, Michigan, for Appellants. ON RESPONSE: Alisa B. Klein , Sarah J. Clark , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Before: CLAY, ROGERS, and STRANCH, Circuit Judges.

ORDER

On Motion for Injunction Pending Appeal.

This case concerns the COVID-19 vaccine mandate for Head Start program staff, contractors, and volunteers imposed by an interim final rule of the Department of Health and Human Services ("HHS"). See Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs, 86 Fed. Reg. 68,052 (Nov. 30, 2021). Head Start is a federal program that funds early childhood education for low...

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