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VICTOR DEWAYNE TAYLOR,
Petitioner-Appellant,
v.
SCOTT JORDAN, Warden,
Respondent-Appellee.
   No. 14-6508
On Petition for Rehearing En Banc
United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:06-cv-00181—Danny C. Reeves, District Judge.
Argued En Banc: March 3, 2021
Decided and Filed: August 23, 2021
Before: SUTTON, Chief Judge; BATCHELDER, MOORE, COLE, CLAY, GIBBONS, COOK,
GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, BUSH, LARSEN,
NALBANDIAN, READLER, and MURPHY, Circuit Judges.


_________________________
OPINION
_________________________

KETHLEDGE, Circuit Judge. Victor Taylor murdered two high-school students in 1984, for which a jury convicted him of capital murder and recommended a sentence of death. The trial judge imposed that sentence and the Kentucky Supreme Court repeatedly denied Taylor’s claims for relief. Taylor eventually filed a federal habeas petition, arguing (among many other things) that the prosecutor at his trial had discriminated against African-American members of his venire. The district court denied Taylor’s petition. We affirm.



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RESURRECTION SCHOOL; CHRISTOPHER MIANECKI, individually and as next friend on behalf of his minor children C.M., Z.M., and N.M.; STEPHANIE SMITH, individually and as next friend on behalf of her minor child F.S.,
Plaintiffs-Appellants,
v.
ELIZABETH HERTEL, in her official capacity as the Director of the Michigan Department of Health and Human Services; DANA NESSEL, in her official capacity as Attorney General of the State of Michigan; LINDA VAIL, in her official capacity as the Health Officer of Ingham County; CAROL A. SIEMON, in her official capacity as the Ingham County Prosecuting Attorney,
Defendants-Appellees.
   No. 20-2256
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:20-cv-01016—Paul Lewis Maloney, District Judge.
Argued: July 21, 2021
Decided and Filed: August 23, 2021
Before: SILER, MOORE, and DONALD, Circuit Judges.


_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. To control the spread of COVID-19, the Michigan Department of Health and Human Services (“MDHHS”) required that all persons five years of age and older wear a mask in indoor public settings, including while attending public and private K–12 schools. Plaintiffs Resurrection School, a Catholic elementary school in Lansing, Michigan, and two parents with children enrolled at the school, on behalf of themselves and their minor children, challenge the mask requirement as a violation of their free exercise of religion, equal protection, and substantive due process rights. Since Plaintiffs filed suit, MDHHS has rescinded almost all COVID-19 pandemic emergency orders, including the challenged mask requirement. We hold that Plaintiffs’ challenge to the mask requirement is not moot, and we AFFIRM the district court’s denial of Plaintiffs’ motion for a preliminary injunction on the merits.