Opinion: DOJ Files Ninth Circuit Amicus Brief in support of WSU football coach fired for not taking COVID vaccine

Bill Bruch reacts to the U.S. Department of Justice filing an amicus brief in support of Nick Rolovich’s appeal, arguing his firing by WSU violated federal religious freedom protections. Photo courtesy Magazine.WSU.EDU

The case is part of a wave of litigation challenging COVID-19 vaccine mandates, with over 8,300 lawsuits filed nationwide against employers

The DOJ filed an amicus brief in the Ninth Circuit Court of Appeals in support of former Washington State University (WSU) football coach Nick Rolovich, who was fired for refusing to comply with Washington State’s COVID-19 vaccine mandate for state employees.

The case, Rolovich v. Washington State University, is part of a wave of litigation challenging COVID-19 vaccine mandates, with over 8,300 lawsuits filed nationwide against employers.

Here’s an updated summary of the situation:

Fired Oct 2021: Rolovich was fired by WSU for refusing to comply with the state’s COVID-19 vaccine mandate for state employees.
Claim of Religious Exemption: Rolovich (a practicing Catholic) claimed his refusal was based on his religious beliefs as a Catholic and had applied for a religious exemption, which the university ultimately denied.
Lawsuit and Claims: In August 2022, he filed a lawsuit against WSU, Governor Jay Inslee, and WSU athletic director Pat Chun, alleging discrimination based on religion, wrongful termination, breach of contract, and wage withholding.
Court Ruling in Favor of WSU: Jan 6 2025, a U.S. District Court judge ruled in favor of WSU, upholding Rolovich’s termination.
Judge’s Rationale: The judge stated that Rolovich failed to provide sufficient evidence of a religious objection and that his objections appeared to be primarily secular, and found that Rolovich’s unvaccinated status would have imposed significant hardships on the university.
Rolovich’s Appeal: Rolovich filed a notice of appeal Feb 25, 2025 to the Ninth Circuit against the judge’s decision.
The Ninth Circuit has not yet ruled on the appeal, but the DOJ’s involvement signals strong support for Rolovich’s claim that his termination unfairly targeted his religious convictions.

The DOJ’s brief, filed on June 20, 2025, argues that WSU’s actions violated Rolovich’s right to freely exercise his religion, emphasizing that the university failed to accommodate his sincerely held religious beliefs as required under federal law, including Title VII of the Civil Rights Act, which prohibits employment discrimination based on religion, and the First Amendment, Freedom of Religion.

The brief aligns with broader DOJ efforts under the Civil Rights Division to protect religious freedoms, including on June 23, 2025 when they filed a complaint to intervene against WA State over its new state law, SB 5375, which violates the free exercise of religion for all Catholics and requires Catholic priests to violate the confidentiality seal of Confession.

Thank you DOJ and AAG Dhillon for supporting and protecting the Constitution and Religious Liberty!

See AAG Harmeet Dhillon June 23, 2025 Video Update Here.

Bill Bruch is the WA State GOP Election Integrity Committee chairman (5th year), WAGOP Executive Board member (5th Year), Skagit County GOP chairman (9th year), citizen journalist, blogger, business owner, 2020 WA State House Representative candidate, former council member, and WA State 2016 and 2024 RNC National Convention delegate.

The case is part of a wave of litigation challenging COVID-19 vaccine mandates, with over 8,300 lawsuits filed nationwide against employers

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