Tuesday, January 4, 2022

Federal judge rules for SEALs in vaccination-religious-exemption challenge

The decision of Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas in U.S. Navy SEALs 1-26 v. Biden can be found here. The case was brought by the First Liberty Institute.

1 comment:

  1. I suspect that there would be some merit in an examination of the distinctions drawn between the Federal Court of Canada judgment in Neri et al v Canada and the above-mentioned judgment.

    I anticipate that Canadian Forces personnel who maintain their refusal of vaccination will seize upon the US judgment in future arguments, notwithstanding the different approaches in the two countries regarding: (1) the First Amendment (US) and s 2 of the Canadian Charter of Rights and Freedoms; (2) the extent to which internal remedies are considered to be 'adequate alternative remedies'; and, (3) the test for interlocutory relief (which is likely the factor in which the laws of the two countries are most similar).

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