NOT RECOMMENDED FOR PUBLICATION File Name: 25a0150n.06 No. 24-5588 UNITED STATES… v. Linda McMahon

NOT RECOMMENDED FOR PUBLICATION
File Name: 25a0150n.06
No. 24-5588
UNITED STATES COURTS OF APPEALS
FOR THE SIXTH CIRCUIT
STATE OF TENNESSEE; COMMONWEALTH
OF KENTUCKY; STATE OF OHIO; STATE OF
INDIANA; COMMONWEALTH OF VIRGINIA;
STATE OF WEST VIRGINIA,
Plaintiffs-Appellees,
CHRISTIAN EDUCATORS ASSOCIATION
INTERNATIONAL; A.C., by her next friend and
mother, Abigail Cross,
Intervenors-Plaintiffs-Appellees,
v.
LINDA MCMAHON, in her official capacity as
Secretary of Education; U.S. DEPARTMENT OF
EDUCATION,
Defendants-Appellants.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF KENTUCKY
ORDER
Before: SILER, GRIFFIN, and MATHIS, Circuit Judges.
The United States Department of Education and Secretary of Education appealed
interlocutory the district court’s preliminary injunction enjoining the Department from enforcing
its Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal
Financial Assistance Rule, 89 Fed. Reg. 33474 (Apr. 29, 2024) (codified at 34 C.F.R. § 106.1 et
seq.). To mitigate harm to the parties, a panel of our court expedited this appeal, set an accelerated
briefing schedule, and directed the Clerk of Court to schedule oral argument for the court’s next
sitting. Tennessee v. Cardona, 2024 WL 3453880, at *5 (6th Cir. July 17, 2024). Shortly after we
heard argument and while we were still considering this preliminary-injunction appeal, the district

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No. 24-5588, Tennessee et al. v. McMahon et al.
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court granted summary judgment in favor of the plaintiff states and private intervenors. Tennessee
v. Cardona, — F. Supp. 3d —, 2025 WL 63795, at *7 (E.D. Ky. Jan. 9, 2025). The entry of that
final judgment, which defendants did not appeal, renders this interlocutory appeal moot. See, e.g.,
Harper ex rel. Harper v. Poway Unified Sch. Dist., 549 U.S. 1262 (2007) (mem.); Adams v. Baker,
951 F.3d 428, 429 (6th Cir. 2020) (per curiam) (noting that a district court’s entry of final judgment
during a pending preliminary-injunction appeal “extinguishe[d]” the interlocutory appeal).
We therefore dismiss this appeal for lack of jurisdiction.
ENTERED BY ORDER OF THE COURT
Kelly Stephens, Clerk

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