The Supreme Court recently declined to hear cases challenging the military’s COVID-19 vaccine mandate, a decision that leaves a painful chapter in recent history largely unaddressed. These cases represented a final opportunity to legally scrutinize the actions taken by the Biden administration and former Defense Secretary Lloyd Austin regarding service members who refused the shot.
The court’s decision hinged on a subsequent executive order issued by President Donald Trump, aiming to reinstate those discharged for vaccine refusal. While seemingly a positive step, this order effectively rendered the legal challenges “moot” in the eyes of the court, sidestepping a critical examination of potential constitutional violations.
Retired Air Force Lieutenant Colonel and Judge Advocate General (JAG) officer Davis Younts expressed deep disappointment. He believes the court deliberately avoided a controversial issue, sacrificing a chance to hold the Department of Defense accountable for what he describes as intentional violations of the Religious Freedom Restoration Act.
Younts emphasized the lost opportunity to formally recognize the severity of the Biden administration’s actions, particularly the systematic denial of religious accommodation requests. He argued the court could have sent a powerful message about the importance of religious freedom within the military.
The current situation, however, feels like a missed chance for accountability. Younts fears that Pentagon lawyers and bureaucrats, who he believes actively circumvented the spirit of the law, will escape scrutiny for their actions during this period.
While Trump and current War Secretary Pete Hegseth have declared the original mandate “unlawful,” Younts points to significant obstacles hindering the reinstatement process. He argues the court essentially allowed the Pentagon to avoid addressing the issue by offering a reinstatement policy without ensuring its effective implementation.
The reality on the ground is stark. Despite the policy, reinstatement numbers remain shockingly low. Reports indicate that only 126 service members have returned to duty from early 2023 through June 2025, out of an estimated 8,400 to 8,600 involuntarily separated, and potentially tens of thousands more who left voluntarily due to vaccine concerns.
Administrative hurdles are proving to be a major impediment. Younts cites examples of service members being directed to recruiters who lack the incentive – or credit – to handle the time-consuming reinstatement paperwork. This creates a system where fulfilling the President’s intent is actively discouraged.
Further complicating matters, reinstatement applicants are unexpectedly facing requirements like age waivers, despite the original policy not mentioning such stipulations. This forces individuals into lengthy appeals processes, again relying on the very Pentagon bureaucracy Younts believes is obstructing justice.
Younts urges President Trump and Secretary Hegseth to intensify their efforts, focusing on placing individuals in key positions who will actively dismantle these administrative roadblocks and ensure the reinstatement policy is fully and effectively carried out. The promise of restoration remains, but its fulfillment demands unwavering commitment and a clear directive to prioritize the return of those unfairly discharged.
