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Does v. Mills

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-717 1st Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a state governor’s order mandating that private healthcare employers, on penalty of revocation of their business licenses, terminate their healthcare workers who are not fully vaccinated for COVID-19, and deny any worker’s request for religious accommodation from the mandate while allowing medical exemptions from the mandate, violates the employers’ and employees’ rights under the free exercise clause of the First Amendment; (2) whether, under the supremacy clause of the United States Constitution, a state governor’s order mandating that private healthcare employers, on penalty of revocation of their business licenses, terminate their healthcare workers who are not fully vaccinated for COVID-19 with no opportunity for any worker to seek a religious accommodation from the mandate, is preempted by the religious accommodation provisions of Title VII of the Civil Rights Act of 1964; and (3) whether Article III courts have incidental equitable powers to grant preliminary injunctive relief to employees in aid of their Title VII remedies when the harm suffered by the employees in the absence of injunctive relief has a chilling effect on their religious free exercise and protection from religious discrimination.

DateProceedings and Orders (key to color coding)
Oct 20 2021Application (21A90) for injunctive relief, submitted to Justice Breyer.
Oct 20 2021Response to application (21A90) requested by Justice Breyer, due Monday, October 25, by noon.
Oct 22 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by religious and civil rights organizations.
Oct 25 2021Response to application from respondents MaineHealth, et al. filed.
Oct 25 2021Response to application from respondents Janet T. Mills, et al. filed.
Oct 25 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
Oct 27 2021Reply of applicants John Does 1-3, et al. filed.
Oct 29 2021Application (21A90) referred to the Court.
Oct 29 2021Application (21A90) denied by the Court. The application for injunctive relief presented to JUSTICE BREYER and by him referred to the Court is denied. JUSTICE BARRETT, with whom JUSTICE KAVANAUGH joins, concurring in the denial of application for injunctive relief. (Detached Opinion). JUSTICE GORSUCH, with whom JUSTICE THOMAS and JUSTICE ALITO join, dissenting from the denial of application for injunctive relief. (Detached Opinion).
Nov 11 2021Petition for a writ of certiorari filed. (Response due December 15, 2021)
Nov 17 2021Motion to expedite consideration of the petition for a writ of certiorari filed by petitioners John Does 1–3, et al.
Nov 22 2021Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
Nov 22 2021Response to motion from respondents Janet T. Mills, Jeanne M. Lambrew, Nirav D. Shah filed.
Nov 23 2021Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
Nov 23 2021Response to motion from respondents MaineHealth; Genesis HealthCare of Maine LLC, et al. filed.
Nov 24 2021The motions to extend the time to file responses are denied.
Nov 24 2021Reply in support of motion to expedite consideration of petition filed.
Dec 06 2021Motion expedite consideration of petition for writ of certiorari DENIED.