e-Journal Summary

e-Journal Number : 76458
Opinion Date : 11/10/2021
e-Journal Date : 11/15/2021
Court : U.S. Court of Appeals Sixth Circuit
Case Name : Resurrection Sch. v. Hertel
Practice Area(s) : School Law Constitutional Law
Judge(s) : Sutton, Moore, Cole, Clay, Gibbons, Griffin, Kethledge, White, Stranch, Donald, Thapar, Bush, Larsen, Nalbandian, Readler, and Murphy
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Mask mandate in schools; Mootness; Denial of a preliminary injunction; Free-exercise claim; Equal protection claim; Substantive due process claim; Michigan Department of Health & Human Services (MDHHS)


[This appeal was from the WD-MI.] The court voted for rehearing en banc and vacated the prior decision and judgment (see e-Journal # 76075 in the 8/26/21 edition), in which the court had held that plaintiffs’ challenges to the MDHHS’s Orders requiring school children to wear masks to prevent the spread of COVID-19 were not moot just because they had been rescinded. Applying rational basis review, it had also held that they were “rationally related to a legitimate government interest”—controlling the spread of COVID-19 in Michigan. The mandate was stayed and the case was restored to the court’s docket as a pending appeal.

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