First Liberty
We have an update on our U.S. Navy SEALs case. We represent 35 of our
nation's elite service members who've been punished and
horribly mistreated by the Navy for seeking a legal, religious
accommodation to the military's vaccine mandate.
This week, the U.S. Court of Appeals for the Fifth Circuit issued a
disappointing opinion that gave the U.S. Navy a free pass even though
the Court could have ruled in the SEALs' favor every step of the
way.
The 2-1 opinion said that an appeal of a preliminary
injunction-which prevented the Department of Defense from
punishing or involuntarily separating Navy service members with
religious objections-is moot because Congress repealed the
mandate. The Court said it won't issue a ruling on the merits on
this appeal.
Our SEALs deserve better. This opinion is wrong and misguided, but the
Navy SEALs case is not over. The Court is sending the case back to the
district court-and that means we have an opportunity to continue
fighting.
First Liberty has won for the SEALs at every stage in the process, and
we're not backing down. We'll keep fighting for the
religious liberty of our Navy SEAL clients and all service members.
"We are extremely surprised and disappointed by the
court's decision," said President, CEO and Chief Counsel
Kelly Shackelford. "As Judge Ho said in his dissent
'cowards never start, the weak never finish, winners never
quit.' These faithful warriors have shown that they will not
quit-and that they deserve to win. They won't quit, so we
won't either."
Kelly explains the decision in more detail and what this means for the
SEALs moving forward.
WATCH NOW ยป
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First Liberty attorney Mike Berry-a U.S. Marine Corps reservist
who was also punished for seeking a religious exemption-explains
further:
"After Congress forced the Navy to repeal the mandate, the Navy
was so scared of losing this appeal that they frantically repealed
discriminatory policies to address weaknesses in their position that
we repeatedly pointed out to the court. Make no mistake, we succeeded
in forcing the Navy to repeal their discriminatory policies and we
will continue to fight in the district court for the rights of our
Nation's finest warriors and the sailors they represent against
the Navy's religious discrimination."
As we prepare for the legal battle ahead, we want to thank you for
standing strong alongside our Navy heroes. We could not have gotten
this far or been this successful without your support. Thank you for
your prayers and encouragement at every stage of this crucial legal
battle.
You've already helped us secure several crucial victories
impacting thousands of service members. But the fight to hold the Navy
fully accountable for their mistreatment of our Navy SEALs is really
just getting started.
Fighting this case back at the district court won't be easy.
There's a lot at stake and we need your continued support. We
can only bring the SEALs case closer to victory with your help.
Our Navy clients, along with their families, are counting on us.
Can we count on you?
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First Liberty Institute