Thursday, February 03, 2022

TRO Granted To 2 Military Members Denied Religious Exemptions From Vaccine Mandate

In Navy Seal I v. Biden, (MD FL, Feb. 2, 2022), a Florida federal district court issued a temporary restraining order enjoining the military from enforcing its COVID vaccination mandate against two individual service members until Feb. 11 in order to maintain the status quo until a hearing on a preliminary injunction is held.  The service members faced imminent removal from command positions for refusing vaccination. The court said in part:

The record in this action establishes that the two service members are very likely to prevail on their claim that their respective branch of the military has wrongfully denied a religious exemption from COVID-19 vaccination. The record creates a strong inference that the services are discriminatorily and systematically denying religious exemptions without a meaningful and fair hearing and without the showing required under RFRA (while simultaneously granting medical exemptions and permitting unvaccinated persons to continue in service without adverse consequence).

Liberty Counsel issued a press release announcing the decision. (See prior related posting.)