In Hertel v. Thornell, (9th Cir., July 22, 2026), the U.S. 9th Circuit Court of Appeals affirmed the dismissal of an Arizona prison inmate's challenges to the kosher diet he was receiving. The court said in part:
The district court correctly held that Hertel’s Establishment Clause claim based on the denial of meat is moot, as kosher meat is now provided.... With respect to the alleged RLUIPA violations—denial of daily fruit, uncut vegetables, kosher cheese and eggs, and the processing of food by non-Jews— ... there are compelling government interests in prison order and security, and Defendants further showed beyond dispute that they used the least restrictive means to uphold these interests.... The remaining First Amendment claims fail for the same reasons because the prison’s policies were “reasonably related to legitimate penological interests.” ...
The court also rejected Plaintiff's Equal Protection and 8th Amendment claims, saying in part;
... Hertel failed to provide any evidence of differential treatment between inmates on the Common Fare-Kosher Meat diet and inmates on the Common Fare-Vegan diet....
The diet’s alleged failure to follow USDA guidelines does not establish a constitutional violation.