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U.S. NAVY SEALS 1-26 v. BIDEN

No. 22-10077.

27 F.4th 336 (2022)

U.S. NAVY SEALS 1-26; U.S. Navy Special Warfare Combatant Craft Crewmen 1-5; U.S. Navy Explosive Ordnance Disposal Technician 1; U.S. Navy Divers 1-3, Plaintiffs-Appellees, v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States of America; Lloyd Austin, Secretary, U.S. Department of Defense, individually and in his official capacity as United States Secretary of Defense; United States Department of Defense; Carlos Del Toro, individually and in his official capacity as United States Secretary of the Navy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed February 28, 2022.

Attorney(s) appearing for the Case

Heather Gebelin Hacker , Andrew Bowman Stephens , Assistant Attorney General, Hacker Stephens, L.L.P., Austin, TX, Michael Berry , Justin E. Butterfield , David J. Hacker , Jeffrey Carl Mateer, Esq. , General Counsel, Holly Mischelle Randall , Hiram Stanley Sasser, III , Kelly J. Shackelford, Esq. , Chief Counsel, First Liberty Institute, Plano, TX, Jordan E. Pratt , First Liberty Institute, Washington, DC, for Plaintiffs-Appellees.

Sarah Wendy Carroll , Casen Ross , Charles Wylie Scarborough , Lowell V. Sturgill, Jr. , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Marleigh D. Dover , Assistant Director, U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants.

Before Jones, Duncan, and Engelhardt, Circuit Judges.

The district court preliminarily enjoined the Department of Defense ("DoD"), United States Secretary of Defense Lloyd Austin, and United States Secretary of the Navy Carlos Del Toro from enforcing certain COVID-19 vaccination requirements against 35 Navy special warfare personnel and prohibited any adverse actions based on their religious accommodation...

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