RESURRECTION SCHOOL v. HERTEL

No. 20-2256.

35 F.4th 524 (2022)

RESURRECTION SCHOOL; Christopher Mianecki, individually and as next friend on behalf of his minor children C.M., Z.M., and N.M.; Stephanie Smith, individually and as next friend on behalf of her minor child F.S., Plaintiffs-Appellants, v. Elizabeth HERTEL, in her official capacity as the Director of the Michigan Department of Health and Human Services; Dana Nessel, in her official capacity as Attorney General of the State of Michigan; Linda Vail, in her of Ingham County; Carol A. Siemon, in her official capacity as the Ingham County Prosecuting Attorney, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2022.


Attorney(s) appearing for the Case

ARGUED EN BANC: Erin Elizabeth Mersino , GREAT LAKES JUSTICE CENTER, Lansing, Michigan, Robert J. Muise , AMERICAN FREEDOM LAW CENTER, Ann Arbor, Michigan, for Appellants. Daniel J. Ping , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for State of Michigan Appellees. John J. Bursch , ALLIANCE DEFENDING FREEDOM, Washington, D.C., for Amicus Curiae. ON SUPPLEMENTAL BRIEF: Erin Elizabeth Mersino , GREAT LAKES JUSTICE CENTER, Lansing, Michigan, Robert J. Muise , AMERICAN FREEDOM LAW CENTER, Ann Arbor, Michigan, for Appellants. Daniel J. Ping , Ann M. Sherman , Jennifer Rosa , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for State of Michigan Appellees. Bonnie G. Toskey , Sarah K. Osburn , COHL, STOKER & TOSKEY, P.C., Lansing, Michigan, for Appellees Linda Vail and Carol Siemon. ON AMICUS BRIEF: John J. Bursch , Cody S. Barnett , ALLIANCE DEFENDING FREEDOM, Washington, D.C., Matthew F. Kuhn , Brett R. Nolan , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Amici Curiae.

KETHLEDGE, J., delivered the opinion of the court in which SUTTON, C.J., and MOORE, COLE, CLAY, GIBBONS, WHITE, STRANCH, DONALD, THAPAR, LARSEN, NALBANDIAN, and MURPHY, JJ., joined, and READLER, J., joined in Parts I and II.A. MOORE, J. (pp. 530-31), delivered a separate concurring opinion in which WHITE, STRANCH, and DONALD, JJ., joined. READLER, J. (pp. 531-32), delivered a separate opinion concurring in part and dissenting in part. BUSH, J. (pp. 532-54), delivered a separate dissenting opinion in which SILER and GRIFFIN, JJ., joined.


OPINION

On Petition for Rehearing En Banc.

In this case, a private religious school and two parents of students who attend private religious schools seek a preliminary injunction as to a statewide mask mandate that the State itself repealed almost a year ago. We hold that both this interlocutory appeal...

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