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Reason
Reason
Eugene Volokh

Fifth Circuit Refuses to Let Navy Enforce Vaccination Rules Against Religious Objectors

From U.S. Navy Seals 1-26 v. Biden, decided yesterday by the Fifth Circuit (by Judges Edith Jones, Kyle Duncan, and Kurt Engelhardt):

The district court preliminarily enjoined the Department of Defense … from enforcing certain COVID-19 vaccination requirements against 35 Navy special warfare personnel and prohibited any adverse actions based on their religious accommodation requests. It later declined to stay the injunction. Defendants now seek a partial stay pending appeal insofar as the injunction precludes them from considering Plaintiffs' vaccination statuses "in making deployment, assignment and other operational decisions." The Navy has granted hundreds of medical exemptions from vaccination requirements, allowing those service members to seek medical waivers and become deployable. But it has not accommodated any religious objection to any vaccine in seven years, preventing those seeking such accommodations from even being considered for medical waivers. We DENY Defendants' motion….

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