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.https://leagle.com/images/logo.png
Casen Ross (argued), Sarah Wendy Carroll , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Sarah Jane Clark , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellants in No. 22-10534.
Franklin D. Rosenblatt , Mississippi College, School of Law, Jackson, MS, for Amicus Curiae National Institute of Military Justice in No. 22-10077.
John Allen Eidsmoe , Senior Counsel, Talmadge Butts , Foundation for Moral Law, Montgomery, AL, for Amicus Curiae Foundation for Moral Law in No. 22-10077.
Deborah Jane Dewart , Attorney, Hubert, NC, for Amicus Curiae Liberty, Life, and Law Foundation.
Jeffrey Scott Wittenbrink , Wittenbrink Law Firm, Baton Rouge, LA, Matthew James Clark , Alabama Center for Law and Liberty, Birmingham, AL, for Amicus Curiae William G. `Jerry' Boykin in No. 22-10077.
Justin Lee Matheny, Esq. , Office of the Attorney General, for the State of Mississippi, Jackson, MS, for Amici Curiae State of Mississippi, State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of New Hampshire, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of Virginia, State of West Virginia, State of Wyoming, in No. 22-10077.
Thomas S. Brandon, Jr. , Thomas Franklin Harkins, Jr., Esq. , Whitaker Chalk Swindle & Schwartz, P.L.L.C., Fort Worth, TX, for Amici Curiae Senator Ted Cruz, Senator Mike Lee, Senator James M. Inhofe, James Lankford, Steve Daines in No. 22-10077.
Frederick R. Yarger , Wheeler, Trigg & O'Donnell, L.L.P., Denver, CO, for Amicus Curiae Todd Zywicki in No. 22-10077.
Before Graves, Ho, and Duncan, Circuit Judges.
Stuart Kyle Duncan, Circuit Judge:
Our nation's guarantees of religious freedom protect those serving in the military. See U.S. CONST. amend. I; RELIGIOUS FREEDOM RESTORATION ACT ("RFRA"), 42 U.S.C. §§ 2000bb et seq.; see also, e.g., Singh v. Berger, 56 F.4th 88, 92 (D.C. Cir. 2022) (observing that "the Political Branches...
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