No. 23-1265

Catherine Antunes v. Xavier Becerra, Secretary of Health and Human Services, et al.,

Lower Court: Fourth Circuit
Docketed: 2024-06-04
Status: Denied
Type: Paid
Response Waived
Tags: bodily-integrity constitutional-rights due-process economic-coercion emergency-authorization employer-coercion equal-protection jacobson-v-massachusetts prep-act vaccine vaccine-mandate
Key Terms:
AdministrativeLaw DueProcess FourthAmendment EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does the Constitutional right to bodily integrity encompass the right to decline a vaccine?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Constitutional right to bodily integrity encompass the right to decline a vaccine? 2. Is Jacobson v. Massachusetts, 197 U.S. 11 (1905), applicable to an employer’s mandate for a vaccine, and is it still good law? 3. May an employer lawfully achieve through economic coercion what would be battery if it achieved the same thing through physical force (the administration of unwanted medical treatment)? 4. Does the PREP Act impose a duty on the Secretary of the U.S. Department of Health and Human Services to provide the option to decline a drug or device authorized under the emergency provisions of the PREP Act? 5. Is it a violation of the Equal Protection Clause of the Fifth Amendment for the U.S. Secretary of Health and Human Services to extend different protections to two different groups of people in the administration of the same drug?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-05
Waiver of Xavier Becerra, Secretary of Health and Human Services of right to respond submitted.
2024-07-05
Waiver of right of respondent Xavier Becerra, Secretary of Health and Human Services to respond filed.
2024-06-24
Waiver of RECTORS AND VISITORS OF THE UNIVERSITY OF VIRGINIA of right to respond submitted.
2024-06-24
Waiver of right of respondent RECTORS AND VISITORS OF THE UNIVERSITY OF VIRGINIA to respond filed.
2024-06-24
Waiver of right of respondents Rectors and Visitors of the University of Virginia to respond filed.
2024-05-09
Petition for a writ of certiorari filed. (Response due July 5, 2024)

Attorneys

Catherine Antunes
Edward Scott LloydLaw Office of E. Scott Lloyd, PLLC, Petitioner
Edward Scott LloydLaw Office of E. Scott Lloyd, PLLC, Petitioner
RECTORS AND VISITORS OF THE UNIVERSITY OF VIRGINIA
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Xavier Becerra, Secretary of Health and Human Services
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent