United States v. Harris, (5th Cir., Oct. 17, 2023), involved a defendant who was charged with threatening to assault a federal judge. Defendant was found incompetent to stand trial and was involuntarily hospitalized to determine whether it was likely that he will attain competency in the foreseeable future. The government sought to involuntarily medicate defendant who, as a Jehovah's Witness, had refused for religious reasons to take medications. Under Supreme Court precedent (Sell v. United States), one of the factors to be considered in deciding whether involuntary medication is permissible is whether important governmental interests are at stake, taking into account that special circumstances may lessen the importance of that interest. In the case the U.S. 5th Circuit Court of Appeals held that said in part:
If ... secular circumstances are important enough to lessen the Government’s interest in prosecution, ... we believe religious liberty must be at least as important....
Harris’s religious beliefs, combined with his lengthy detention and his potential civil confinement, thus lessen the Government’s interests under the first Sell factor.
We hasten to emphasize the limits in today’s holding. We do not hold that religious faith constitutes a get-out-of-jail-free card. We also do not hold that all religious objections eliminate the Government’s interests under the first Sell factor. We hold only that religious liberty can constitute a “special circumstance” under Sell,,,,