Education Law,
9th U.S. Circuit Court of Appeals
Jun. 16, 2022
Challenge to school lockdowns is moot, divided 9th Circuit rules
Five judges from the left and the right joined in dissent, arguing that Gov. Gavin Newsom’s state of emergency powers remain operative and there’s potential for the situation to repeat itself.
A sharply divided full panel of the 9th U.S. Circuit Court of Appeals on Wednesday dismissed as moot a challenge to Gov. Gavin Newsom’s pandemic restrictions on private schools because the orders are no longer in place.
But a group of judges from the left and right said in a dissent that they believe the court should have decided the issue because the state emergency order on which Newsom relied is still in place.
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