Vaccine litigation Updates

The Supreme Court has acted on the partial stay of the injunction request in Austin v. U.S. Navy SEALS. a vaccine case pending in the Fifth Circuit Court of Appeals.

"The application for a partial stay 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 request and Justices Gorsuch and Alito dissent.