Supreme Court of the United States · Official docket →
John Does 1–3, et al. v. Janet T. Mills, Governor of Maine, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 21-1826 · judgment October 19, 2021
Before the decision, about 12.9× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a First Circuit decision below, and down for a state or local-government respondent.
Question presented
“[E]ven in a pandemic, the Constitution cannot be put away and forgotten.” Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 68 (2020). More to the point, “[e]ven in times of crisis—perhaps especially in times of crises—we have a duty to hold governments to the Constitution.” South Bay United Pentecostal Church v. Newsom, 141 S. Ct. 716, 718
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(Gorsuch, J.). Thus, as Justice Gorsuch wrote about this dispute, This case presents an important constitutional question, a serious error, and an irreparable injury. Where many other States have adopted religious exemptions, Maine has charted a different course. There, healthcare workers who have served on the front line of a pandemic for the last 18 months are now being fired and their practices shuttered. All for adhering to their constitutionally protected religious beliefs. Their plight is worthy of our attention. (App. 009.) The questions presented for review are:
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Whether a state governor’s order mandating that private healthcare employers, on penalty of revocation of their business licenses, terminate their healthcare workers who are not fully vaccinated for COVID-19, and deny any worker’s request for religious accommodation from the
Counsel of record
For petitioner
Mathew D. Staver
For respondent
Ryan Patrick Dumais
Eaton Peabody
Argument & decision
Decided October 29, 2021.
Proceedings
- Feb 22 2022Petition DENIED.
- Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 19 2022Rescheduled.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 13 2022Rescheduled.
- Jan 11 2022Reply of petitioners John Does 1–3, et al. filed.
- Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.
- Dec 15 2021Brief of respondent Northern Light Health Foundation in opposition filed.
- Dec 14 2021Brief of respondents MaineHealth; Genesis HealthCare of Maine LLC; Genesis HealthCare LLC; MaineGeneral Health in opposition filed.
- Dec 14 2021Brief of respondents Janet T. Mills, Jeanne M. Lambrew, Nirav D. Shah in opposition filed.
- Dec 06 2021Motion expedite consideration of petition for writ of certiorari DENIED.
- Nov 24 2021The motions to extend the time to file responses are denied.
- Nov 24 2021Reply in support of motion to expedite consideration of petition filed.
- Nov 23 2021Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
- Nov 23 2021Response to motion from respondents MaineHealth; Genesis HealthCare of Maine LLC, et al. filed.
- Nov 22 2021Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
- Nov 22 2021Response to motion from respondents Janet T. Mills, Jeanne M. Lambrew, Nirav D. Shah filed.
- Nov 17 2021Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners John Does 1–3, et al.
- Nov 11 2021Petition for a writ of certiorari filed. (Response due December 15, 2021)
- Oct 29 2021Application (21A90) referred to the Court.
- Oct 29 2021Application (21A90) denied by the Court. The application for injunctive relief presented to JUSTICE BREYER and by him referred to the Court is denied. JUSTICE BARRETT, with whom JUSTICE KAVANAUGH joins, concurring in the denial of application for injunctive relief. (Detached Opinion). JUSTICE GORSUCH, with whom JUSTICE THOMAS and JUSTICE ALITO join, dissenting from the denial of application for injunctive relief. (Detached Opinion).
- Oct 28 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Public Health Associates and Scholars.
- Oct 27 2021Reply of applicants John Does 1-3, et al. filed.
- Oct 25 2021Response to application from respondents MaineHealth, et al. filed.
- Oct 25 2021Response to application from respondents Janet T. Mills, et al. filed.
- Oct 25 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
- Oct 22 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by religious and civil rights organizations.
- Oct 20 2021Application (21A90) for injunctive relief, submitted to Justice Breyer.
- Oct 20 2021Response to application (21A90) requested by Justice Breyer, due Monday, October 25, by noon.