Elijah Behringer v. California Polytechnic State University, San Luis Obispo, et al.

Whether this Court’s decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905) provides authority for automatic dismissal of lawsuits challenging the enforcement of COVID-19 mandates or similar emergency-decreed “public health” mandates without holding trial by jury.

Whether the doctrine of “substantive” due process and its corresponding “rational basis review” and “tiered scrutiny” jurisprudence should be overruled or cabined-off as a matter of law.

Whether the common-law preservation of the right to trial by jury embodied in the Sixth and Seventh Amendments safeguards a jury prerogative to pass judgment not only on the facts, but also on the law to be applied in a given case before it.