We note the preliminary nature of our holding.
We do not prejudge whether, on a more developed factual record, Plaintiffs’ allegations will prove true. But “[w]hether an action ‘can be dismissed on the pleadings depends on what the pleadings say.’” Marshall Naify Revocable Tr. v. United States, 672 F.3d 620, 625 (9th Cir. 2012) (quoting Weisbuch v. County of Los Angeles, 119 F.3d 778, 783 n.1 (9th Cir. 1997)). Because we thus must accept them as true, Plaintiffs have plausibly alleged that the COVID-19 vaccine does noteffectively “prevent the spread” of COVID-19.
Thus, Jacobson does not apply, and so we vacate the district court’s order of dismissal and remand.
This case is not moot. And
the district court wrongly applied Jacobson to the substantive due process claim. Thus, we vacate the district court’s order and remand.
VACATED AND REMANDED.