David Donovan v. Brian Vance

Summary

The Ninth Circuit held that challenges to Executive Orders 14042 and 14043 (COVID-19 vaccine mandates for federal contractors and employees) became moot after the orders were revoked by Executive Order 14099. The court also held that claims for damages under the Religious Freedom Restoration Act (RFRA) were barred by sovereign immunity because RFRA does not waive the federal government's immunity. The court affirmed dismissal of RFRA claims, dismissed the remainder of the appeal as moot, and remanded with instructions to vacate the district court's orders on the non-RFRA claims.

Holdings

1. The appeal is moot because the challenged Executive Orders have been revoked and no live controversy remains; the court cannot provide effective relief.
2. RFRA does not waive the federal government's sovereign immunity from damages, so the claims are dismissed for lack of jurisdiction.

Questions Presented

1. Whether the appeal is moot as to non-RFRA claims after the revocation of the challenged Executive Orders.
2. Whether Plaintiffs' RFRA claims for damages are barred by sovereign immunity.

Disposition

affirmed in part, dismissed in part, remanded with instructions to vacate in part