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FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN RE U.S. DEPARTMENT OF No. 21-71108

EDUCATION; MIGUEL A. CARDONA,

in his official capacity as Secretary D.C. No. of the Department of Education, 3:21-mc-80075-

WHA

U.S. DEPARTMENT OF EDUCATION;

MIGUEL A. CARDONA, in his official capacity as Secretary of the Department of Education, Petitioners,

v.

UNITED STATES DISTRICT COURT FOR

THE NORTHERN DISTRICT OF

CALIFORNIA, SAN FRANCISCO,

Respondent,

THERESA SWEET; ALICIA DAVIS;

TRESA APODACA; CHENELLE

ARCHIBALD; JESSICA DEEGAN;

SAMUEL HOOD; JESSICA JACOBSON,

on behalf of themselves and all others similarly situated; ELISABETH DEVOS, Former U.S. Secretary of Education, Real Parties in Interest. 2 IN RE U.S. DEPARTMENT OF EDUCATION

IN RE ELISABETH DEVOS, Former No. 21-71109 U.S. Secretary of Education, D.C. No. 3:21-mc-80075- ELISABETH DEVOS, Former U.S. WHA Secretary of Education, Petitioner,

OPINION

v.

UNITED STATES DISTRICT COURT FOR

THE NORTHERN DISTRICT OF

CALIFORNIA, SAN FRANCISCO,

Respondent,

CHENELLE ARCHIBALD; TRESA

APODACA; ALICIA DAVIS; JESSICA

DEEGAN;…