Austin v. U.S. Navy Seals 1-26
Emergency application for stay granted on March 25, 2022
Issue: Whether the Supreme Court should issue a partial stay of the district court's preliminary injunction which blocks the U.S. Navy from considering the vaccination status of service members in making deployment, assignment, and other operational decisions.
SCOTUSblog Coverage
- Court allows Department of Defense to reassign unvaccinated Navy SEALs (Amy Howe, March 25, 2022)
- Pentagon seeks relief from lower-court order that blocked reassignment of unvaccinated Navy SEALs (Amy Howe, March 7, 2022)
| Date | Proceedings and Orders |
|---|---|
| 03/07/2022 | Application (21A477) for a partial stay, submitted to Justice Alito. |
| 03/07/2022 | Response to application (21A477) requested by Justice Alito, due by 4 p.m. on Monday, March 14, 2022. |
| 03/14/2022 | Response to application from respondents U.S. Navy Seals 1-26, et al. filed. |
| 03/15/2022 | Reply of applicants Lloyd J. Austin, et al. filed. |
| 03/25/2022 | Application (21A477) referred to the Court. |
| 03/25/2022 | The application for a partial stay (No. 21A477) presented to Justice Alito and by him referred to the Court is granted. The district court’s January 3, 2022 order, insofar as it precludes the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions, is stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Thomas would deny the application for a partial stay. Justice Kavanaugh, concurring. (Detached opinion) Justice Alito, with whom Justice Gorsuch joins, dissenting. (Detached opinion) |