Navy Seals, Special Warfare Personnel Ask Supreme Court To Intervene In COVID-19 Vaccine Mandate Dispute
PLANO, Texas (CBSDFW.COM) - Nearly three dozen Navy Seals and Special Warfare Personnel have asked the U.S. Supreme Court to uphold two lower court rulings that have sided with them in their legal battle against the Department of Defense.
The 35 unvaccinated members of the military went to federal court in Fort Worth in late December 2021, accusing the Department of Defense of punishing them after they requested a religious exemption from getting the COVID-19 vaccine.
They say the Navy ultimately rejected their request and didn't allow them to go on any missions.
Judge Reed O'Connor in Fort Worth ruled in favor of the Seals and Navy personnel saying in a ruling, "There is no COVID-19 exception to the First Amendment" and "no military exclusion from our Constitution."
The Fifth Circuit of the U.S. Court of Appeals upheld O'Connor's ruling, and the Biden administration filed an emergency request with the U.S. Supreme Court to stay the lower courts' decision.
On Monday, the First Liberty Institute in Plano, which represents the Navy Seals and personnel, asked the Supreme Court to reject the administration's request.
Attorney Justin Butterfield of the Institute said, "What the Navy is doing to soldiers to naval personnel who request religious accommodations is a sham, it's theater. The Navy can't just give lip service to our deepest religious protections in this country and ignore what the law requires. That's what they're trying to do in this case."
Butterfield said the Department of Defense is doing more than just sidelining their clients. "One of our plaintiffs was denied medical treatment for traumatic brain injury, because the Navy won't allow him to travel by car to receive it. Another former SEAL Team 6 member and decorated officer is being required to get this vaccination on the cusp of medical retirement."
The federal government argued in federal court in Fort Worth those unvaccinated members of the military could potentially jeopardize any mission they're assigned.
During the court hearing, the Assistant U.S. Attorney representing the Department of Defense said the members of the military are not being kicked out.
Attorneys for the Seals and other Navy warfare personnel say the Department of Defense has granted other exemptions from the vaccine, but not any exemption based-on religion.
No word when or if the Supreme Court will intervene in this case.
