(per curiam) (dismissing appeals and vacating judgments as moot) ; Short v. Berger, Nos. 22-15755, 22

Summary

Defendants' Notice of Supplemental Authority in Navy SEALs 1-3, et al. v. Lloyd J. Austin, III, Case No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas, filed 03/20/23 as Document 237. The government gives notice that several courts have acted on mootness in challenges to the armed services' COVID-19 vaccination requirement after its rescission. It cites appellate rulings dismissing service members' appeals as moot, including Roth v. Austin (8th Cir. Mar. 16, 2023), Navy Seal 1 v. Austin (D.C. Cir. Mar. 10, 2023), Short v. Berger and Dunn v. Austin (9th Cir.), along with district court rulings and voluntary dismissals. It is signed /s/ by Amy E. Powell of the Justice Department's Civil Division, Federal Programs Branch.

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Full text

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 SUPPLEMENTAL AUTHORITY
Defendants respectfully provide notice that several courts have recently acted on mootness
issues in cases challenging the armed services’ vaccination requirements for COVID-19 following
rescission of that requirement.  Three Courts of Appeal, including the D.C. Circuit, the Eighth Circuit
and two panels of the Ninth Circuit Court of Appeals, dismissed Service members’ appeals from the
denial of preliminary injunctions prohibiting enforcement of the military’s COVID-19 vaccination
requirement, finding moot those requests for injunctive relief.  See Roth v. Austin, No. 22-2058, 2023
WL 2531885 (8th Cir. Mar. 16, 2023) (unanimously concluding that issue was moot in light of statutory
rescission); Navy Seal 1 v. Austin, Nos. 22-5114, 22-5135, 2023 WL 2482927 (D.C. Cir. Mar. 10, 2023)
(per curiam) (dismissing appeals and vacating judgments as moot); Short v. Berger, Nos. 22-15755, 22-
16607 (9th Cir. Feb. 24, 2023); Dunn v. Austin, No. 22-15286 (9th Cir. Feb. 27, 2023).  Several district
courts have likewise noted that challenges to the COVID-19 vaccination requirement are moot.  See
Alvarado v. Austin, No. 122CV876AJT-JFA, 2023 WL 2089246, at *3 (E.D. Va. Feb. 17, 2023) (“re-
quests and any relief therefrom are now stale given the Rescission Memo”); Chancy, et al. v. Biden, et al.,
1:22-cv-110, ECF No. 32 (N.D. Fla. Feb. 14, 2023) (dismissing case challenging military COVID-19
vaccine requirement as moot); Clements v. Austin, No. 2:22-2069-RMG, ECF No. 57 (D.S.C. March 7,
2023) (denying preliminary injunction as moot).  Other cases related to the DoD vaccine requirement
Case 4:21-cv-01236-O   Document 237   Filed 03/20/23    Page 1 of 2   PageID 7778

2
have been voluntarily dismissed after the rescission.  See Okla. v. Biden, No: 5:21-cv-01136, ECF Nos.
77, 78, 82 (W.D. Okla. Feb. 17, 2023 and March 7, 2023); Church v. Biden, No. 1:21-cv-2815, ECF No
43 (D.D.C. Jan. 23, 2023); Air Force Major v. Austin, No. 3:22-cv-00756, ECF No. 25 (N.D. Tex. March
7, 2023).
Dated: March 20, 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/Amy E. Powell
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: (919) 856-4013
Fax: (202) 616-8470
Email: amy.powell@usdoj.gov

Counsel for Defendants
Case 4:21-cv-01236-O   Document 237   Filed 03/20/23    Page 2 of 2   PageID 7779

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