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Alvarado v. Austin

Petition for certiorari denied on April 29, 2024

Docket No. Argument Opinion Vote Author Term
23-717 N/A N/A N/A N/A OT 2023

Issue: (1) Whether a Religious Freedom Restoration Act challenge to the Department of Defense"s failure to accommodate military chaplains" religious objections to a COVID-19 vaccine mandate was and remains justiciable after Congress directed the Department to rescind the mandate; and (2) whether a challenge to the Department"s coercing chaplains to speak its message about the COVID-19 vaccine survives as capable of repetition yet evading review.

SCOTUSblog Coverage

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