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ROTH v. AUSTIN

No. 22-2058.

62 F.4th 1114 (2023)

Tanner W. ROTH; Jon W. Smithley; Logan M. Priebe; Victoria S. Roberts; Timothy C. Bexten; Zachary R. Braum; Armand G. Fondren, II; Nathan P. Gavic; Brennan L. Barlow; Michael T. Edwards; Matthew J. Cascarino; Matthew C. Downing; Kevin Dunbar; Cameron M. Grim; Aaron F. Karpisek; Ian C. McGee; Evan McMillan; Zachary Morley; Matthew L. Nelson; Bryan Stigall; Kynan Valencia; Morgan T. Viar; Daniel Vera Ponce; Adam R. Cassidy; Tristan M. Fries; Airmen 1-11, Plaintiffs Appellants, v. Lloyd J. AUSTIN, III, in his official capacity as United States Secretary of Defense; United States Department of Defense; Frank Kendall, III, in his official capacity as United States Secretary of the Air Force; Robert I. Miller, in his official capacity as Surgeon General of the United States Air Force; Michael A. Loh, in his official capacity as the Director of the Air National Guard; David A. Weishaar, in his official capacity as Adjutant General of the Kansas National Guard; Daryl L. Bohac, in his official capacity as Adjutant General of the Nebraska National Guard, Defendants Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Kris William Kobach , of Lecompton, KS. The following attorney(s) also appeared on the appellants' brief; Rachel Louise Jag , of Washington, DC, Jessica Hart Steinmann , of Conroe, TX, Craig William Trainor , of Washington, DC, Pamela Jo Bondi , of Washington, DC.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Casen Ross , of Washington, DC. The following attorney(s) also appeared on the appellees' brief; Daniel Winik , of Washington, DC, Sarah Jane Clark , of Washington, DC.

Before COLLOTON, WOLLMAN, and STRAS, Circuit Judges.

As of March 2022, the United States Air Force required all service members to be vaccinated against COVID-19, subject to certain exemptions. In this case, thirty-six members of the Air Force, Air Force Reserve, or Air National Guard sued the Secretary of Defense and others, alleging that the government's denial of their...

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