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R. K. BY AND THROUGH J. K. v. LEE

No. 22-5004.

53 F.4th 995 (2022)

R. K., a minor, BY AND THROUGH her mother and next friend, J. K.; W. S., a minor, by and through her parent and next friend, M. S.; S. B., a minor, by and through his parents and next friends, M. B. AND L. H.; M. S., a minor, by and through her parent and next friend, K. P.; T. W., a minor, by and through her parent and next friend, M. W.; M. K., a minor, by and through her parent and next friend, S. K.; E. W., a minor, by and through his parent and next friend, J. W.; J. M., a minor, by and through her parent and next friend, K. M., and on behalf of those similarly situated, Plaintiffs-Appellees, v. Bill LEE, in his official capacity as Governor of Tennessee; Penny Schwinn, in her official capacity as Commissioner of the Tennessee Department of Education, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2022.

Attorney(s) appearing for the Case

ARGUED: James R. Newsom, III , OFFICE OF THE TENNESSEE ATTORNEY GENERAL AND REPORTER, Memphis, Tennessee, for Appellants. Justin S. Gilbert , GILBERT LAW, PLC, Chattanooga, Tennessee, for Appellees. ON BRIEF: James R. Newsom, III , Matthew Dowty , Reed N. Smith , Robert W. Wilson , OFFICE OF THE TENNESSEE ATTORNEY GENERAL AND REPORTER, Memphis, Tennessee, for Appellants. Justin S. Gilbert , GILBERT LAW, PLC, Chattanooga, Tennessee, Bryce W. Ashby , Brice M. Timmons , Craig A. Edgington , DONATI LAW, PLLC, Memphis, Tennessee, Jessica F. Salonus , THE SALONUS FIRM, PLC, Jackson, Tennessee, for Appellees.

NORRIS, J., delivered the opinion of the court in which SUHRHEINRICH, J., joined. CLAY, J. (pp. 1002-06), delivered a separate opinion concurring in the judgment only.

OPINION

In 2021, the Tennessee General Assembly enacted a new statute ("the Act") in response to the COVID-19 pandemic. Tenn. Code Ann. § 14-1-101 et seq. Among other things, the Act addresses vaccination, masking, and quarantine decisions. For example, "[a] local health entity or official, mayor...

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