Supreme Court of the United States · Official docket →
Israel Alvarado, et al. v. Lloyd J. Austin, III, Secretary of Defense, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1419 · judgment August 3, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Military chaplains sue the Defense Department (“DoD”) under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-2000bb-4 (“RFRA”), and related statutory protections of military personnel’s religious freedoms for failing to accommodate their religious objections to DoD’s mandating a COVID-19 vaccine and coercing chaplains—denominational representatives—to speak DoD’s message on the vaccine. On the former, DoD denied religious accommodation, but granted secular exemptions. DoD retaliated against some chaplains (e.g., denied promotions or schooling), with other promotions denied for lack of the required schooling or for negative mandate-related reviews. Congress directed DoD to rescind the mandate, and DoD ceased mandating the vaccine prospectively and directed DoD to “remove any adverse actions solely associated with denials of such requests,” which does not protect against either the coerced speech or mixed-motive discrimination (e.g., promotions denied for missed schooling or negative reviews resulting from the mandate). Continuing effects of the RFRA violations will cause a slow-motion purge of chaplains who filed religious accommodation requests, based on failing of selection for promotion under DoD’s up-orout promotion requirements under 10 U.S.C. § 632. The questions presented are:
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Whether this action was and remains justiciable because the RFRA violations’ effects continue.
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Whether the challenge to coerced speech survives as capable of repetition yet evading review. To preserve a live controversy, petitioners will renew their request for interim relief by contemporaneous motion or application to avoid separation under § 632.
Counsel of record
For petitioner
Arthur A. Schulcz Sr.
Chaplains' Counsel, PLLC,
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Apr 30 2024Application (23A858) denied by The Chief Justice.
- Apr 29 2024Petition DENIED.
- Apr 22 2024Supplemental brief on behalf of applicants filed.
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 05 2024Reply of petitioners Israel Alvarado, et al. filed.
- Mar 27 2024Brief of respondents Lloyd J. Austin, III, Secretary of Defense, et al. in opposition filed.
- Mar 19 2024Application (23A858) for writ of injunction, submitted to The Chief Justice.
- Feb 02 2024Brief amici curiae of Foundation for Moral Law, et al. filed.
- Feb 02 2024Brief amici curiae of Members of the United States Congress filed.
- Feb 02 2024Brief amici curiae of Chaplain Alliance for Religious Liberty, et al. filed.
- Jan 29 2024Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
- Jan 26 2024Response Requested. (Due February 26, 2024)
- Jan 26 2024Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
- Jan 24 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 19 2024Waiver of right of respondent Lloyd Austin, et al. to respond filed.
- Dec 29 2023Petition for a writ of certiorari filed. (Response due February 2, 2024)
- Dec 01 2023Application (23A264) granted by The Chief Justice extending the time to file until December 29, 2023.
- Nov 28 2023Application (23A264) to extend further the time from December 8, 2023 to December 29, 2023, submitted to The Chief Justice.
- Sep 27 2023Application (23A264) granted by The Chief Justice extending the time to file until December 8, 2023.
- Sep 23 2023Application (23A264) to extend the time to file a petition for a writ of certiorari from November 1, 2023 to December 8, 2023, submitted to The Chief Justice.