In Horizon Christian School v. Brown, (9th Cir., Nov. 17, 2022), the U.S. 9th Circuit Court of Appeals held that the free exercise and parental rights challenges to the Oregon governor's previous Covid restrictions on in-person school classes is moot. The claim for nominal damages does not prevent mootness because the suit against the governor in her official capacity is barred by the 11th Amendment. The court denied leave to amend plaintiffs' complaint because defendant had qualified immunity. Judge O'Scannlain filed a concurring opinion saying that if there were not qualified immunity, he would hold that the governor's order impinged a fundamental constitutional right.
