Supreme Court Passes on Cases About Political Apparel, Gun Rights, COVID Mandates
SCOTUS declined review of cases involving political speech, defamation, and COVID mandates.
Why it matters: This signals the Court's judicial focus and leaves key lower court decisions intact, affecting legal standards on speech, defamation, and public health policies in schools, politics, and the military.
- SCOTUS rejected a Michigan woman's challenge to a school ban on 'Let's Go Brandon' sweatshirts, upholding regulation of political speech in schools.
- It declined to hear Roy Moore's appeal to reinstate an $8.2M defamation verdict linked to a 2017 Senate campaign ad.
- The Court refused two vaccine mandate cases from Air Force personnel discharged for refusing COVID shots, leaving lower court mootness rulings intact.
- SCOTUS had earlier blocked OSHA's vaccine-or-test mandate for large employers in 2022, limiting federal authority on workplace health mandates.
On October 5, 2026, the U.S. Supreme Court declined to hear several high-profile cases involving constitutional and public health issues. Among them was a case from Michigan where a mother challenged her sons' school district for banning sweatshirts bearing the phrase 'Let's Go Brandon,' a coded insult toward President Joe Biden. Lower courts ruled the apparel's veiled vulgarity justified the ban, and by refusing review, the Supreme Court left that decision in place, allowing schools to regulate politically charged messages deemed inappropriate. AP News coverage provides details.
The Court also chose not to review former Alabama Chief Justice Roy Moore's appeal to reinstate an $8.2 million defamation verdict against the Senate Majority PAC, which claimed he solicited underage sex. While a federal jury initially sided with Moore, the 11th Circuit overturned the verdict citing lack of proof of actual malice. The Supreme Court's refusal preserves the appellate court's ruling. See coverage here.
Additionally, the Court declined to hear two cases filed on behalf of Air Force personnel who challenged the Defense Department's 2021 COVID-19 vaccine mandate. These cases were dismissed as moot since the DoD allowed unvaccinated service members to return starting 2023 and offered back pay incentives by 2025. This leaves intact lower court dismissals regarding First Amendment religious rights claims. More information is available from Federal Times.
In related precedents, the Supreme Court in 2022 stayed an Occupational Safety and Health Administration (OSHA) vaccine-or-test mandate for large employers, as detailed in National Federation of Independent Business v. OSHA. This limited the federal government's authority to impose workplace COVID mandates.
These decisions collectively signal a cautious Supreme Court approach that allows lower courts' rulings on political speech regulation, defamation standards in political advertising, and military vaccine mandates to stand. They shape ongoing legal interpretations in constitutional speech rights, election-related defamation, and public health policy in the military and workplace.
By the numbers:
- $8.2 million — Initial defamation damages awarded to Roy Moore
- 2021 — Defense Department's COVID vaccine mandate issued
- 2023 — DoD began allowing unvaccinated service members to return