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We The Patriots USA, Inc., et al. v. Connecticut Office of Early Childhood Development, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-249 · judgment August 4, 2023
Before the decision, about 2× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Concerned about falling vaccination rates in its schools, Connecticut repealed its 62-year-old religious exemption to its school vaccination requirement in 2021. It expanded its longstanding medical exemption and created “legacy” exemptions allowing children who had obtained a religious exemption prior to the repeal to remain unvaccinated for the remainder of their primary and secondary educations. Connecticut’s revised school vaccination mandate excludes non-legacy children who are religiously commanded not to receive required vaccinations from attending public, private, and religious daycares, preschools, and K-12 schools. Applying rational-basis review after holding that Connecticut’s vaccination mandate is neutral and generally applicable, the Second Circuit affirmed the district court’s dismissal of the Petitioners’ free exercise claims under Employment Division v. Smith. The questions presented are: 1. Whether, as four circuits have held, a mandate that does not exempt religious conduct is not neutral and generally applicable if it exempts secular conduct that similarly frustrates the specific interest the mandate advances, or whether, as two circuits have held, such a mandate is neutral and generally applicable if the secular exemption advances a different (or more general) state interest that the religious conduct does not?
Counsel of record
For petitioner
Cameron Lee Atkinson
Atkinson Law, LLC
For respondent
Proloy Kumar Das
FordHarrison LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage
Proceedings
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- May 30 2024Reply of petitioners We The Patriots USA, Inc., et al. filed.
- May 20 2024Brief of State respondents in opposition filed.
- May 20 2024Brief of respondents Bethel Board of Education and Stamford Board of Education in opposition filed.
- May 20 2024Brief of respondent Glastonbury Board of Education in opposition filed.
- May 03 2024Letter updating counsel of record information for Petitioners of We The Patriots USA, Inc.: Constantina Lora; Miriam Hidalgo; Asma Elidrissi submitted.
- Apr 12 2024Motion to extend the time to file a response is granted in part and the time is further extended to and including May 20, 2024.
- Apr 11 2024Motion to extend the time to file a response from April 22, 2024 to May 22, 2024, submitted to The Clerk.
- Mar 06 2024Brief amicus curiae of Wagner Faith & Freedom Center filed.
- Feb 12 2024Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2024, for all respondents. See Rule 30.1.
- Feb 09 2024Motion to extend the time to file a response from March 6, 2024 to April 20, 2024, submitted to The Clerk.
- Feb 05 2024Response Requested. (Due March 6, 2024)
- Jan 31 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 12 2024Brief amicus curiae of Physicians for Informed Consent filed.
- Jan 02 2024Waiver of right of respondent Bethel Board of Education and Stamford Board of Education to respond filed.
- Jan 02 2024Waiver of right of respondent Glastonbury Board of Education to respond filed.
- Dec 22 2023Waiver of right of respondent CT Office of Early Childhood Development and CT Dept. of Public Health to respond filed.
- Dec 11 2023Petition for a writ of certiorari filed. (Response due January 16, 2024)