Another Injunction Against the Military as to Religious Exemptions from COVID Vaccination Mandate

Today’s opinion by Judge Steven Merryday Navy Seal 1 v. Biden:

Here is the short version: Expressly applicable to each branch of the federal government, the Religious Freedom Restoration Act (RFRA) commands the military to grant to a service member harboring a sincerely held religious objection to COVID-19 vaccination a religious exemption from the vaccination (1) unless a compelling  overnmental interest requires the vaccination and (2) unless a good faith evaluation, directed specifically to the singular circumstances of the service member—that is,  directed “to the person” requesting the exemption—demonstrates that no less restrictive means is available to the military reasonably to protect the compelling governmental interest. According to RFRA’s command, the military must prove both that there is a compelling governmental need and that there is no less restrictive way of protecting it.

Navy Commander 2 and Lieutenant Colonel 2 are the only two cases in which the Navy and Marine Corps failed to make the required demonstrative showing that less restrictive means were available. Both servicemen have the right to temporary injunction relief. It (1) grants them the ability to serve, without having to get the vaccine, and (2) prevents military from taking any punitive, retaliatory, or other action against them.

You can find the long version here.