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Education Law,
9th U.S. Circuit Court of Appeals

Jan. 26, 2022

State argues pandemic restrictions on schools are over

A lawyer for private school parents told the 9th Circuit that the issue isn’t moot because Gov. Gavin Newsom still has the power to reinstate a ban on in-person learning.

An attorney representing California told a 9th U.S. Circuit Court of Appeals panel that a challenge by private school parents should be dismissed as moot because the state's COVID-19 restrictions that affected schools have been eliminated and aren't coming back.

That has been the state's argument against the complaint filed by parents of students in private schools all along. It was rejected by a 9th Circuit panel last year but vacated in ...

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