John Doe v. San Diego Unified School District

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 4 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN DOE, an individual; et al., No. 21-56259

Plaintiffs-Appellants, D.C. No. 3:21-cv-01809-CAB-LL Southern District of California, v. San Diego

SAN DIEGO UNIFIED SCHOOL ORDER

DISTRICT; et al.,

Defendants-Appellees.

Before: BERZON, IKUTA, and BENNETT, Circuit Judges.

Order by Judges BERZON and BENNETT; Dissent by Judge IKUTA.

Appellants, a 16-year-old high school student and her parents, filed an

emergency motion for an injunction pending appeal, seeking to enjoin San Diego

Unified School District (“SDUSD”) from requiring compliance with a student

vaccination mandate. On November 28, 2021, we granted Appellants’ motion in

part. We ordered that an injunction shall be in effect only while a “per se” deferral

of vaccination is available to pregnant students under SDUSD’s student

vaccination mandate, and that the injunction shall terminate upon removal of the

“per se” deferral option for…