(1) Whether a State may avoid judicial review of an authorizing statute that categorically prohibits religious accommodations to compulsory vaccination—contrary to Title VII of the Civil Rights Act of 1964—by rescinding an emergency rule applying the statute to a specific disease, while continuing to enforce the statute in all other respects.

(2) Whether a State's decision to maintain an unconstitutionally discriminatory system of compulsory vaccination through three years of litigation and only rescinds its vaccination mandate immediately after an appellate court requires it to submit to merits discovery concerning the constitutionality of that system engages in a litigation-driven sham to escape review of its unconstitutional policies.

Whether a State may avoid judicial review of a statute categorically prohibiting religious accommodations by rescinding an emergency rule while continuing to enforce the statute in other respects