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Dan Robert, et al. v. Lloyd J. Austin, III, Secretary of Defense, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-1032 · judgment July 6, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the unlawful implementation of the harmful Covid vaccine mandate in the Armed Services properly evades judicial review based on repeal of the mandate and separation of a service member who is subject to recall to duty.

  2. Whether it is proper and authorized for a court of appeals to engage in factfinding, while going outside of the record, to dismiss service members’ appeal without reaching its merits.

  3. Whether the government may properly force citizens to receive an experimental genemodifying injection, recognized in the medical literature as causing severe adverse effects.

Counsel of record

For petitioner
Andrew L. Schlafly

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 20 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Dec 13 2023
    Waiver of right of respondent Austin, Lloyd, et al. to respond filed.
  4. Nov 22 2023
    Petition for a writ of certiorari filed. (Response due January 4, 2024)