Full text
1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALs 1-3, et al.,
Plaintiffs,
v.
LLOYD J. AUSTIN, III in his official capacity as
United States Secretary of Defense, et al.,
Defendants.
Case No. 4:21-cv-01236-O
DEFENDANTS’ NOTICE OF RESCISSION OF
DOD COVID-19 VACCINATION REQUIREMENT
Defendants file this notice to inform the Court that on January 10, 2023, the Secretary of
Defense implemented Section 525 of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (“NDAA”). See Pub. L. No. 117-263, § 525 (Dec. 23, 2022), 136 Stat 2395. Section
525 of the NDAA directs the Secretary, within 30 days, to rescind the August 2021 memorandum
requiring vaccination of service members for COVID-19.
Pursuant to the NDAA, the Secretary of Defense issued a memo on January 10, 2023, rescind-
ing his August 24, 2021 memorandum which required COVID-19 vaccination, and rescinding his
November 30, 2021 memorandum which required COVID-19 vaccination for members of the Na-
tional Guard and the Ready Reserve. See 1/10/2023 SECDEF Memo (“Rescission Memo”) (attached
as Ex. A).
The Rescission Memo prohibits separations based solely on refusal of the COVID-19 vaccine
by service members who sought an exemption. Id. The Rescission Memo further directs the Services
to update the records of individuals currently serving to remove any adverse actions solely associated
with the denial of an accommodation request. Id. The Rescission Memo also halts the processing of
requests for exemption to the now-defunct mandate. Id.
Case 4:21-cv-01236-O Document 214 Filed 01/11/23 Page 1 of 2 PageID 7283
2
Dated: January 11, 2023
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Civil Division
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Branch Director
Federal Programs Branch
/s/Andrew E. Carmichael
ANDREW E. CARMICHAEL (VA Bar. No. 76578)
AMY E. POWELL
Senior Trial Counsel
STUART J. ROBINSON
Senior Counsel
ZACHARY A. AVALLONE
COURTNEY D. ENLOW
LIAM C. HOLLAND
CASSANDRA M. SNYDER
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 214 Filed 01/11/23 Page 2 of 2 PageID 7284