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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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