Doe v. San Diego Unified School District, (SD CA, June 21. 2022), is another attempt by parents and students to challenge the school district’s COVID vaccine mandate that does not provide for religious exemptions. The 9th Circuit last year ultimately upheld the school district’s prior policy, and the Circuit denied en banc review. The court said in part:
Even Plaintiffs concede that substantively, the new COVID-19 vaccinate mandate is largely the same as before, with a new implementation timeline…. Plaintiffs’ new claims in the FAC are still premised on violations of the Free Exercise Clause, just as the claim in the original complaint was. Accordingly, the Court is bound by the law of this case.