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; Ade Onibokun, an individual; Brian Hawkins, an individual; Tiffany Mitrowke, an individual; Marianna Bema; Ashley Ramirez, an individual, Plaintiffs-Appellants,
v.
Gavin NEWSOM, in his official capacity as the Governor of California; Rob Bonta, in his official capacity as the Attorney General of California; Tomas Aragon, in his official capacity as the State Public Health Officer and Department of Public Health Director; Tony Thurmond, in his official capacity as State Superintendent of Public Instruction and Director of Education, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc January 24, 2022 Pasadena, California.
James R. Williams , County Counsel; Douglas M. Press , Assistant County Counsel; Jason M. Bussey , Deputy County Counsel; Office of the County Counsel, County of Santa Clara, San Jose, California; for Amicus Curiae County of Santa Clara.
Gordon D. Todd , Erika L. Maley , and Cody L. Reaves , Sidley Austin LLP, Washington, D.C.; Michael H. Porrazzo , The Porrazzo Law Firm, Rancho Santa Margarita, California; for Amici Curiae Samuel A. Fryer Yavneh Hebrew Academy, Montebello Christian School, Gindi Maimonides Academy, and Saint Joseph Academy.
Dissent by Judge Berzon
OPINION
McKEOWN, Circuit Judge.
Much has changed since the COVID-19 pandemic began. One thing that has stayed the same is that federal courts may not rule on moot or hypothetical questions. Here, a group of parents and one student ask us to pass judgment on whether California state officials violated federal law when they ordered schools...
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