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FOR PUBLICATIONUNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUITHEALTH FREEDOM DEFENSEFUND, INC., a Wyoming Not-forProfit Corporation; JEFFREYFUENTES; SANDRA GARCIA;HOVHANNES SAPONGHIAN;NORMA BRAMBILA;CALIFORNIA EDUCATORS FORMEDICAL FREEDOM,Plaintiffs-Appellants,v.ALBERTO CARVALHO, in hisofficial capacity as Superintendent ofthe Los Angeles United SchoolDistrict; ILEANA DAVALOS, in herofficial capacity as Chief HumanResources Officer for the Los AngelesSchool District; GEORGEMCKENNA; MONICA GARCIA;SCOTT SCHMERELSON; NICKMELVOIN; JACKIE GOLDBERG;KELLY GONEZ; TANYA ORTIZFRANKLIN, in their officialcapacities as members of the LosAngeles Unified School Districtgoverning board,Defendants-Appellees.No. 22-55908D.C. No.2:21-cv-08688DSF-PVCOPINION2HEALTH FREEDOM DEF. FUND, INC. V. CARVALHOAppeal from the United States District Courtfor the Central District of CaliforniaDale S. Fischer, District Judge, PresidingArgued and Submitted September 14, 2023Seattle, WashingtonFiled June 7, 2024Before: Michael Daly Hawkins, Ryan D. Nelson, andDaniel P. Collins, Circuit Judges.Opinion by Judge R. Nelson;Concurrence by Judge R. Nelson;Concurrence by Judge Collins;Dissent by Judge HawkinsSUMMARY*COVID-19/MootnessThe panel vacated the district court’s order dismissingplaintiffs’ action alleging that the COVID-19 vaccinationpolicy of the Los Angeles Unified School District(“LAUSD”)—which, until twelve days after oral argument,requ ...
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Tags: covid19 vaccination mootness fundamental right Jacobson v Massachusetts rational basis review medical treatment sovereign immunity Concurrence dissent
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