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from punishing or involuntarily separating Navy service members with religious objections—is moot because Congress repealed the mandate.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 below:

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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Congress forced the Navy to repeal the mandate, the Navy was so scared of losing this appeal that they frantically repealed discriminatory policies to address weaknesses in their position that we repeatedly pointed out to the court.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?