U.S. Navy SEALS 1-26

v.

Biden

ACLL Role:

Case Start Date:

Deciding Court:

Original Court:

Practice Area(s):

Amicus

September 1, 2021

 U.S. Court of Appeals for the Fifth Circuit.

U.S. District Court for the Northern District of Texas

Limited Government, Strong Families 

CASE SNAPSHOT

In the fall of 2021, the Biden administration decided that all members of the military would have to get vaccinated against COVID-19. First Liberty Institute, representing a group of 35 Navy SEALS, brought a suit against the Biden administration when it refused to grant religious accommodations. The trial judge granted an injunction in favor of the plaintiffs, and the Biden administration appealed. ACLL had the honor of representing Lt. Gen. (ret.) Jerry Boykin, a founding member of the Delta Force who eventually became its commander, in an amicus brief explaining to the court that the SEALS could be accommodated without destroying the readiness of our special forces.  

STATUS

ACLL filed a friend-of-the-court brief at the Fifth Circuit on August 29, 2022.

FOR THE MEDIA

CASE SUMMARY

Background

In the fall of 2021, the Biden administration imposed a COVID-19 vaccine mandate on the military. Our friends at First Liberty Institute brought a suit on behalf of a group of Navy SEALS, seeking accommodations for sincerely held religious beliefs. The most common religious objection is that the vaccines were developed in connection with aborted fetal cells, and therefore many people believed that they could not accept the vaccine in good conscience. Despite the fact that these servicemembers had put their lives on the line for their Country, they faced the possibility of dishonorable discharges if they refused to take the vaccine.

Fortunately, the district court judge to which the case was assigned recognized the plight of our servicemembers and provided injunctive relief. The Biden administration immediately appealed to the U.S. Court of Appeals for the Fifth Circuit, seeking to have the injunction lifted.

Enlisting a True Hero

ACLL believed that the court would want to rule in favor of the SEALS but would be concerned about hurting the readiness of the special forces. Thus, we believed it would be helpful to find special-forces commanders who have been in situations like this and could explain to the court that it would be okay to accommodate the SEALS.

Fortunately, ACLL knew Lt. Gen. (ret.) Jerry Boykin, a retired three-star general who was one of the founding members of the Delta Force and eventually became its commander. General Boykin was involved in many of the Army’s special forces missions, including the Iran rescue mission, Grenada, and Mogadishu. He is also a devout Christian and works at the Family Research Council in Washington, D.C. We reached out to General Boykin and asked if he would be willing to present his view on how the SEALS could be accommodated to the court, and he agreed.

In this brief, General Boykin discussed the value to the military of having our special-forces operators rooted in something greater than themselves with their faith in God and how this provides even more value to the military than being vaccinated. He weighed the pros and cons of forcing the SEALS to be vaccinated and attested that men in such great physical condition like the SEALS would not be likely to come down with a severe case of COVID. He also argued from the CDC’s own data that men in the SEALS’ condition are statistically more likely to be harmed by the vaccine than by COVID. Our hope is that General Boykin’s testimony can help the court come to the conclusion that failing to accommodate the SEALS will do more harm than good to the military.

The Cost of Failing to Honor Religious Freedom

The First Liberty suit represents Navy SEALs, elite and irreplaceable warriors of our Country. Given that these people are willing to face punishment rather than violate their religious convictions, kicking them out of the military will have an even greater impact on military readiness than a lack of COVID vaccination. Instead of hurting our national defense, the military should do what Americans have done from our founding until now: honor religious convictions and try to find a way to achieve a win-win. Such a solution is both in the interests of America’s national security and respects what the First Amendment requires.

Importance to Limited Government

One of the cornerstones of limited government is religious freedom because it presumes that there is a power higher than the State. If the government can force people to violate their religious beliefs, then it has replaced God as de facto highest power to which the People must answer. If the State is God, then it can do whatever it pleases. Therefore, preserving religious freedom is essential to preserving the notion of limited government.

Also at issue in this case is the matter of bodily autonomy. While there is no express “bodily autonomy” provision in our Constitution (unlike the provision recognizing the right to free exercise of religion), prudence dictates that the government should treat very carefully when it comes to telling people to take medical treatments to which they do not consent. Because both COVID and the vaccines can kill or severely injure a person, that person should be the one who decides how he or she will proceed. Failing to respect individual autonomy gives the government more power to make life-or-death decisions for each person, which is antithetical to the notion of limited government.

 

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