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20-5427

MARYVILLE BAPTIST CHURCH, INC.; DR. JACK ROBERTS,
Plaintiffs-Appellants,
v.
ANDREW G. BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky,
Defendant-Appellee.

20-5465

THEODORE JOSEPH ROBERTS; RANDALL DANIEL; SALLY O’BOYLE,
Plaintiffs-Appellants,
v.
ROBERT D. NEACE, in his official capacity as Boone County Attorney; ANDREW G. BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky; ERIC FRIEDLANDER, in his official capacity as Acting Secretary of the Cabinet for Health and Family Services,
Defendants-Appellees.
   Nos. 20-5427/5465
Appeals from United States District Court for the Western District of Kentucky at Louisville
No. 3:20-cv-00278—David J. Hale, District Judge;
United States District Court for the Eastern District of Kentucky at Covington
No. 2:20-cv-00054—William O. Bertelsman, District Judge.
Argued: October 13, 2020
Decided and Filed: October 19, 2020
Before: SUTTON, McKEAGUE, and NALBANDIAN, Circuit Judges.


_________________________
OPINION
_________________________

PER CURIAM. In response to the COVID-19 pandemic, Kentucky Governor Andy Beshear issued executive orders in March 2020 that barred religious services throughout the Commonwealth. The orders prompted several lawsuits and several district court rulings over whether the orders violated the free exercise rights of Kentuckians under the First Amendment of the United States Constitution. Our court issued two published decisions prohibiting the orders from going into effect during the litigation, each premised on legal assessments of the claimants’ free exercise rights and each still binding in the circuit. Maryville Baptist Church, Inc. v. Beshear, 957 F.3d 610 (6th Cir. 2020); Roberts v. Neace, 958 F.3d 409 (6th Cir. 2020).

After our decisions, the Governor ended the ban on religious services. At issue today is the status of the pending cases in light of our prior decisions, other developments, and the Governor’s actions since then.

. . .

We dismiss the church’s appeal for lack of jurisdiction and remand the congregants’ appeal for resolution of the mootness question in the first instance.



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MEMPHIS A. PHILIP RANDOLPH INSTITUTE; THE EQUITY ALLIANCE; FREE HEARTS; MEMPHIS AND WEST TENNESSEE AFL-CIO CENTRAL LABOR COUNCIL; THE TENNESSEE STATE CONFERENCE OF THE NAACP; SEKOU FRANKLIN,
Plaintiffs-Appellees,
v.
TRE HARGETT, in his official capacity as Secretary of State of the State of Tennessee; MARK GOINS, in his official capacity as Coordinator of Elections for the State of Tennessee; AMY P. WEIRICH, in her official capacity as District Attorney General for Shelby County, Tennessee,
Defendants-Appellants.
   No. 20-6141
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:20-cv-00374—Eli J. Richardson, District Judge.
Decided and Filed: October 19, 2020
Before: MOORE, GIBBONS, and READLER, Circuit Judges


_________________________
ORDER
_________________________

JULIA SMITH GIBBONS, Circuit Judge. We have before us defendants’ motion to stay the district court’s preliminary injunction barring enforcement of a statutory requirement that voters who registered online or by mail vote in person in the first election in which they vote after registration. For the following reasons, defendants’ motion is denied.