No. 25A322

We The Patriots USA, Inc., et al v. Ventura Unified School District, et al.

Lower Court: Ninth Circuit
Docketed: 2025-09-19
Status: Presumed Complete
Type: A
Tags: fetal-cell-lines first-amendment free-exercise religious-exemption school-attendance vaccination-mandate
Key Terms:
FirstAmendment
Latest Conference: N/A
Question Presented (AI Summary)

Whether California's mandatory school vaccination requirements violate the First Amendment's Free Exercise Clause by excluding a student from school due to his mother's religious objections to vaccinations derived from fetal cell lines

Question Presented (OCR Extract)

Jane Doe religiously objects to deriving any benefit from abortion. California requires children to receive certain vaccinations to attend public and private schools. California’s required vaccinations are tested or developed using cell lines derived from aborted fetuses. The Respondents — California public health and educational officials — recognized a religious exemption for Jane Doe’s son for two years more than they should have under California law. In January 2025, they excluded him from school and criminally prosecuted Jane Doe in May 2025 because of her faith. Jane Doe tried everything to get her son back into school — alternative immunizations, a special education exemption, etc. — but the Respondents will only be satisfied with requiring her to violate her conscience. As the new school year is underway, Jane Doe’s son remains excluded from school because of his mother’s unwavering faith. Lower courts denied Jane Doe’s pleas for relief and have trapped her in limbo by staying her case pending the Ninth Circuit’s resolution of similar cases filed earlier in time. Her son’s future depends on getting relief from this Court. The question presented is: 1. Whether California Health and Safety Code violates Jane Doe’s First Amendment right to direct her son’s religious upbringing by excluding him from every California school unless he receives vaccinations in violation of Jane Doe’s faith? 2. Whether California Health and Safety Code § 120335 lacks general applicability because it permits medical exemptions, but not religious exemptions?

Docket Entries

2025-10-17
Application (25A322) referred to the Court.
2025-10-17
Application (25A322) for a writ of injunction presented to Justice Kagan and by her referred to the Court is denied.
2025-10-01
Response to application from respondent Dr. Erica Pan, Director of the California Department of Public Health filed.
2025-09-30
Response of Ventura Unified School District to application submitted.
2025-09-30
Response to application from respondent Ventura Unified School District filed.
2025-09-22
Response to application (25A322) requested by Justice Kagan, due by 4 p.m. (EDT) on October 1, 2025.
2025-09-11
Application (25A322) for writ of injunction, submitted to Justice Kagan.

Attorneys

Antonio Castro
David AdidaLaw Office of David Adida, APC, Respondent
Dr. Erica Pan, in her official capacity as Director of the California Department of Public Health
Christopher David HuCalifornia Department of Justice, Respondent
Christopher David HuCalifornia Department of Justice, Respondent
Ventura Unified School District
David AdidaLaw Office of David Adida, APC, Respondent
David AdidaLaw Office of David Adida, APC, Respondent
We The Patriots USA, Inc., et al.
Cameron Lee AtkinsonAtkinson Law, LLC, Petitioner
Cameron Lee AtkinsonAtkinson Law, LLC, Petitioner