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Tina Goede v. AstraZeneca Pharmaceuticals, LP, et al.

Paid petition · Court of Appeals of Minnesota, No. A22-1320 · judgment June 12, 2023


Certiorari denied · April 1, 2024
Pre-decision estimate: 1% cert probability

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

Question presented

This Court held in Thomas v. Review Board of the Indiana Employment Security Division, 450 U.S. 707 (1981), that the First Amendment limits the “narrow function of a reviewing court” to determining whether an unemployment-benefits applicant lost a job “because of an honest conviction that such work was forbidden by his religion.” In so holding, this Court reversed a state-court denial of benefits premised on the applicant’s beliefs being “more ‘personal philosophical choice’ than religious belief.” Instead of following Thomas and federal courts applying it, the Minnesota Court of Appeals and the Department of Employment and Economic Development before it intensely scrutinized Petitioner Goede’s religious sincerity and denied her unemployment benefits by holding her “personal” and “philosophical” views to outweigh her “religious” beliefs, even though those religious beliefs are independently sufficient to cause her to refuse vaccination. See App. 18a–23a. The question presented is: 1. Where an unemployment applicant’s religious beliefs are independently sufficient to cause her refusal to follow an employer policy, can a state deny her unemployment benefits by holding that philosophical and personal beliefs outweigh her religious beliefs?

Counsel of record

For petitioner
James Vincent Francis Dickey
Upper Midwest Law Center

For respondent
Rachel Elizabeth Bell-Munger
Minnesota Attorney General's Office

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Apr 01 2024
    Petition DENIED.
  2. Mar 19 2024
    Reply of petitioner Tina Goede filed. (Distributed)
  3. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  4. Feb 23 2024
    Brief of respondent Minnesota Department of Employment and Economic Development in opposition filed.
  5. Feb 23 2024
    Brief amicus curiae of Foundation for Moral Law filed.
  6. Feb 22 2024
    Letter of February 22, 2024 from counsel for respondent AstraZeneca Pharmaceuticals, LP filed.
  7. Jan 26 2024
    Response Requested. (Due February 26, 2024)
  8. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  9. Jan 12 2024
    Waiver of right of respondent AstraZeneca Pharmaceuticals, LP to respond filed.
  10. Jan 09 2024
    Waiver of right of respondent Minnesota Department of Employment and Economic Development to respond filed.
  11. Dec 18 2023
    Petition for a writ of certiorari filed. (Response due January 19, 2024)