Israel Alvarado, et al. v. Lloyd J. Austin, III, Secretary of Defense, et al.
AdministrativeLaw Environmental SocialSecurity DueProcess EmploymentDiscrimina JusticiabilityDoctri ClassAction
Whether this action was and remains justiciable because the RFRA violations' effects continue
QUESTIONS PRESENTED Military chaplains sue the Defense Department (“DoD”) under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-2000bb-4 (“RFRA”), and related statutory protections of military personnel’s religious freedoms for failing to accommodate their religious objections to DoD’s mandating a COVID-19 vaccine and coercing representatives—to speak DoD’s message on the vaccine. On the former, DoD denied religious accommodation, but granted secular exemptions. DoD retaliated against some chaplains (e.g., denied promotions or schooling), with other promotions denied for lack of the required schooling or for negative mandate-related reviews. Congress directed DoD to rescind the mandate, and DoD ceased mandating the vaccine prospectively and directed DoD to “remove any adverse actions solely associated with denials of such requests,” which does not protect against either the coerced speech or mixed-motive discrimination (e.g., promotions denied for missed schooling or negative reviews resulting from the mandate). Continuing effects of the RFRA violations will cause a slow-motion purge of chaplains who filed religious accommodation requests, based on failing of selection for promotion under DoD’s up-orout promotion requirements under 10 U.S.C. § 632. The questions presented are: 1. Whether this action was and remains justiciable because the RFRA violations’ effects continue. 2. Whether the challenge to coerced speech survives as capable of repetition yet evading review. To preserve a live controversy, petitioners will renew their request for interim relief by contemporaneous motion or application to avoid separation under § 632.