The U.S. Court of Appeals for the Third Circuit tossed a challenge to Pennsylvania’s now-expired pandemic restrictions, saying the case is now moot.

Writing for the three-judge panel in Butler County v. Governor of Pennsylvania, Judge Patty Shwartz, joined by Judges Michael Chagares and Kent Jordan, said the lawsuit is moot because there’s no reasonable expectation the same rules would be re-imposed. Circumstances have changed since the COVID-19 orders were implemented, the judges said, including that more than 60% of residents are vaccinated and a recent amendment to the state constitution limits the governor’s ability to enter the same orders.

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