Crocker v. Austin

Crocker v. Austin

The Latest

On July 21, 2023, the Pelican Institute filed a Notice of Appeal to appeal the case to the Fifth Circuit because the underlying issues of religious discrimination raised by the case still merit a decision.

The Timeline
  • Complaint. On March 20, 2022, the Pelican Institute filed its Complaint on behalf of Faith in the Western District of Louisiana. The case was assigned to the Honorable Maurice Hicks. On March 28, 2022, the Pelican Institute filed a Motion for a Preliminary Injunction to protect Faith during the pendency of the action.
  • First Amended Complaint. On May 31, 2022, the Pelican Institute added six other servicemembers to the Complaint who sought its assistance. On June 20, 2022, the Pelican Institute filed a Motion for a Preliminary Injunction to protect these servicemembers during the pendency of their action.
  • Class Action. On July 27, 2022, a judge in the Southern District of Ohio certified a class of all Air Force servicemembers that protected the Crocker plaintiffs while the case was appealed by the Government.
  • Legislation. On December 23, 2022, President Biden signed the National Defense Authorization Act for 2023, legislation that ordered the military to rescind the vaccine mandate. The legislation was passed after significant attention was brought to the issue because of cases like that of Senior Airman Crocker.
  • Defendant’s Motion to Dismiss. On March 30, 2023, the Government filed a Motion to Dismiss, arguing that the rescission of the military vaccine mandate in the National Defense Authorization Act moots the entire case. On April 13, 2023, the Pelican Institute filed a Response in Opposition, arguing that the underlying issues of religious discrimination still merited a decision.
  • Memorandum Ruling. On June 22, 2023, the district court granted the Government’s Motion to Dismiss on mootness grounds.
  • Fifth Circuit Notice of Appeal. On July 21, 2023, the Pelican Institute filed a Notice of Appeal to appeal the case to the Fifth Circuit.
  • Appellants’ Brief. On November 16, 2023, the Pelican Institute filed its Appellants’ Brief on behalf of Senior Airman Crocker and the other Plaintiffs.
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