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Lloyd J. Austin, III, Secretary of Defense, et al., Applicants v. U.S. Navy Seals 1-26, et al.

Application · United States Court of Appeals for the Fifth Circuit, No. 22-10077


Application granted · March 25, 2022

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Heather Gebelin Hacker
Hacker Stephens LLP

Case

Conference history

Argument & decision

Decided March 25, 2022.

Proceedings

  1. Mar 25 2022
    Application (21A477) referred to the Court.
  2. Mar 25 2022
    The application for a partial stay (No. 21A477) presented to Justice Alito and by him referred to the Court is granted. The district court’s January 3, 2022 order, insofar as it precludes the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions, is stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Thomas would deny the application for a partial stay. Justice Kavanaugh, concurring. (Detached opinion) Justice Alito, with whom Justice Gorsuch joins, dissenting. (Detached opinion)
  3. Mar 15 2022
    Reply of applicants Lloyd J. Austin, et al. filed.
  4. Mar 14 2022
    Response to application from respondents U.S. Navy Seals 1-26, et al. filed.
  5. Mar 07 2022
    Application (21A477) for a partial stay, submitted to Justice Alito.
  6. Mar 07 2022
    Response to application (21A477) requested by Justice Alito, due by 4 p.m. on Monday, March 14, 2022.