No. 23-717

Israel Alvarado, et al. v. Lloyd J. Austin, III, Secretary of Defense, et al.

Lower Court: Fourth Circuit
Docketed: 2024-01-03
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: coerced-speech covid-19-vaccine-mandate military-chaplains promotion-discrimination religious-freedom religious-freedom-restoration-act retaliation rfra-violation up-or-out-promotion-requirements up-or-out-requirement
Key Terms:
AdministrativeLaw Environmental SocialSecurity DueProcess EmploymentDiscrimina JusticiabilityDoctri ClassAction
Latest Conference: 2024-04-26 (distributed 2 times)
Question Presented (AI Summary)

Whether this action was and remains justiciable because the RFRA violations' effects continue

Question Presented (OCR Extract)

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 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: 1. Whether this action was and remains justiciable because the RFRA violations’ effects continue. 2. 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.

Docket Entries

2024-04-30
Application (23A858) denied by The Chief Justice.
2024-04-29
Petition DENIED.
2024-04-22
Supplemental brief on behalf of applicants filed.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-04-05
2024-03-27
Brief of respondents Lloyd J. Austin, III, Secretary of Defense, et al. in opposition filed.
2024-03-19
Application (23A858) for writ of injunction, submitted to The Chief Justice.
2024-02-02
2024-02-02
Brief amici curiae of Chaplain Alliance for Religious Liberty, et al. filed.
2024-02-02
2024-01-29
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
2024-01-26
Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
2024-01-26
Response Requested. (Due February 26, 2024)
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-19
Waiver of right of respondent Lloyd Austin, et al. to respond filed.
2023-12-29
2023-12-01
Application (23A264) granted by The Chief Justice extending the time to file until December 29, 2023.
2023-11-28
Application (23A264) to extend further the time from December 8, 2023 to December 29, 2023, submitted to The Chief Justice.
2023-09-27
Application (23A264) granted by The Chief Justice extending the time to file until December 8, 2023.
2023-09-23
Application (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.

Attorneys

Chaplain Alliance for Religious Liberty, et al.
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Frederick W. Claybrook Jr.Claybrook, LLC, Amicus
Foundation for Moral Law, Ministry to the Armed Forces of the Church of the Lutheran Brethren, Ausberg Luthern Churches, and Bible Churches Chaplaincy
John Allen EidsmoeFoundation for Moral Law, Amicus
John Allen EidsmoeFoundation for Moral Law, Amicus
Israel Alvarado, et al.
Arthur A. Schulcz Sr.Chaplains' Counsel, PLLC,, Petitioner
Arthur A. Schulcz Sr.Chaplains' Counsel, PLLC,, Petitioner
Lloyd Austin, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Members of the United States Congress
Barry Paul SteinbergKutak Rock LLP, Amicus
Barry Paul SteinbergKutak Rock LLP, Amicus