SINGH v. BERGER

No. 22-5234.

56 F.4th 88 (2022)

Jaskirat SINGH, et al., Appellants v. David H. BERGER, in his official capacity as the Commandant of the Marine Corps, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2022.


Attorney(s) appearing for the Case

Eric S. Baxter argued the cause for appellants. With him on the briefs were Amandeep S. Sidhu , Amrith Kaur Aakre , Giselle Klapper , Daniel H. Blomberg , Diana Verm Thomson, Daniel D. Benson , and Laura Wolk .

Joshua C. McDaniel , Kelsey M. Flores , and Parker W. Knight III were on the brief for amici curiae The Muslim Public Affairs Council and American Islamic Congress in support of appellants.

Jacob T. Spencer , Andrew D. Ferguson , Joshua R. Zuckerman , and John N. Reed were on the brief for amicus curiae Chaplain Jacob Goldstein (ret.) in support of appellants.

David S. Petron and Gordon D. Todd were on the brief for amici curiae Jewish Coalition for Religious Liberty, et al. in support of appellants.

Richard D. Salgado was on the brief for amici curiae The Sikh American Veterans Alliance, et al. in support of appellants.

Sarah M. Harris , Mark S. Storslee , and Jesse T. Clay were on the brief for amici curiae Former Military Officials Eric Fanning, et al. in support of appellants.

Brian J. Springer , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Michael S. Raab , Attorney.

Before: Millett, Rao, and Childs, Circuit Judges.


Jaskirat Singh, Milaap Singh Chahal, and Aekash Singh wish to serve their Nation by enlisting in the United States Marine Corps. They are each fully qualified to enlist, having satisfied the Corps' pre-enlistment criteria. There is just one barrier to their entry. Jaskirat, Milaap, and Aekash are members of the Sikh faith...

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