Supreme Court of the United States · Official docket →
Alvin Boone, et al. v. Illinois Department of Corrections, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-2630, 23-2727 · judgment November 12, 2024
Certiorari denied · June 23, 2025
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
- This Court has stated that mitigation measures related to Covid-19 are a matter of public health and not of workplace safety. National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration, 142 S.Ct. 661, 211 L.Ed.2d 448. (January 13, 2022). Justice Gorsuch has stated that “[D]ecisive executive action is sometimes necessary and appropriate. But if emergency decrees promise to solve some problems, they threaten to generate others.” Arizona v. Mayorkas, No 22-592, 598 U.S. — (May 18, 2023). Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent the spread of Covid-19 can transform a public health issue into an issue of workplace health and safety. 2. Illinois Public Act 102-667, Section 5 (enacted November 2021 and effective June 1, 2022) (adding 745 ILCS 70/13.5 to the Illinois Healthcare Right of Conscience Act), amended the HRCA to state that that Act’s protection of an employee’s right to refuse medical treatments or procedures which conf lict with their sincerely held religious belief did not extend to Covid-19 mitigation measures in the workplace. The HRCA was amended after Illinois employees were granted protection
Counsel of record
For petitioner
Bethany Dawn Hager
Law Office of Bethany D Hager LLC
For respondent
Jane Elinor Notz
Office of the Attorney General, State of Illinois
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 23 2025Petition DENIED.
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- May 27 2025Waiver of right of respondent Illinois Department of Corrections, et al. to respond filed.
- Feb 10 2025Petition for a writ of certiorari filed. (Response due June 20, 2025)