LARSEN v. U.S. NAVY

No. 07-5196.

525 F.3d 1 (2008)

Charles E. LARSEN, Reverend, et al., Appellants v. UNITED STATES NAVY and Donald C. Winter, Secretary of the United States Navy, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 2008.


Attorney(s) appearing for the Case

Arthur A. Schulcz, Sr. argued the cause and filed the briefs for appellants.

Lewis Yelin, Attorney, U.S. Department of Justice, argued the cause for appellees. On the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Marleigh D. Dover, Special Counsel, and Catherine Y. Hancock, Attorney.

Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge WILLIAMS.


TATEL, Circuit Judge:

In this case, three applicants to the Navy Chaplain Corps allege that the Navy maintained a religious quota system for choosing chaplains and that under this system the Navy illegally refused to hire them because they are non-liturgical Protestants. But because the Navy has long since eliminated the challenged policy, plaintiffs' challenge is moot.

I.

To become a Navy chaplain, a person...

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