No. 21-567

Horizon Christian School, et al. v. Kate Brown, Governor of Oregon

Lower Court: Ninth Circuit
Docketed: 2021-10-19
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-rights due-process first-amendment free-speech injunctive-relief mootness-doctrine pandemic pandemic-restrictions religious-schools standing takings
Latest Conference: 2021-11-12
Question Presented (from Petition)

1. To obtain injunctive relief against a state governor during the pandemic—and to satisfy the exception to mootness for a controversy "capable of repetition, yet evading review"—does a plaintiff, in all cases, now have to show they are under a "constant threat" of being closed again? Or, while that showing is one "sufficient" way to show a case is not moot, is it not "necessary" in every case?

2. To show that a request for injunctive relief during the pandemic is moot, does a state governor still have a "formidable burden" to make it "absolutely clear" that the claimed wrongful behavior could not reasonably be expected to recur?

Question Presented (AI Summary)

Whether a plaintiff must show a 'constant threat' of being closed again to obtain injunctive relief against a state governor during the pandemic and satisfy the exception to mootness for a controversy 'capable of repetition, yet evading review

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-22
Waiver of right of respondent Kate Brown, Governor of the State of Oregon to respond filed.
2021-10-15
Petition for a writ of certiorari filed. (Response due November 18, 2021)

Attorneys

Horizon Christian School, et al.
John T. KaempfKaempf Law Firm PC, Petitioner
Kate Brown, Governor of the State of Oregon
Benjamin Noah GutmanOregon Department of Justice, Respondent