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Alvarado v. Austin

Petition for certiorari denied on April 29, 2024
Docket No. Op. Below Argument Opinion Vote Author Term
23-717 4th Cir. N/A N/A N/A N/A OT 2023

Issues: (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.

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