UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORTH WORTH DIVISION 

ERIC JACKSON, et. al., 

 Plaintiffs, 

 v. 

ALEJANDRO N. MAYORKAS, 

Secretary of Homeland Security, et al., 

 Defendants. 

Case No. 4:22-cv-0825-P 

DEFENDANTS’ NOTICE OF LEGISLATIVE DEVELOPEMENTS 

Defendants respectfully provide this notice of recent legislative developments that will 

significantly impact this case, including Plaintiffs’ pending motions for class certification and for 

a class-wide preliminary injunction. 

Plaintiffs are three members of the United States Coast Guard who sued Defendants, 

officials with the Department of Defense and the Department of Homeland Security, challenging 

a military readiness requirement that they be vaccinated against COVID-19. Plaintiffs have moved 

for class certification and for a class-wide preliminary injunction, raising arguments under the 

Religious Freedom Restoration Act (“RFRA”) and the Free Exercise Clause of the First 

Amendment. ECF No. 4. Defendants opposed the motions, ECF No. 30, which have been fully 

briefed since Plaintiffs filed their reply on October 14, 2022, ECF No. 38. In addition, the Court 

directed the parties to file briefs on whether this case should be transferred to another venue, ECF 

no. 26, which the parties did on October 10, 2022, ECF Nos. 32, 37. 

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On December 23, 2022, the President signed the James M. Inhofe National Defense 

Authorization Act for Fiscal Year 2023 (“NDAA”).1 The NDAA contains a provision that requires 

the Secretary of Defense to rescind the military’s COVID 19 vaccination policy within 30 days.2

It states: 

Not later than 30 days after the date of the enactment of this Act, the 

Secretary of Defense shall rescind the mandate that members of the 

Armed Forces be vaccinated against COVID-19 pursuant to the 

memorandum dated August 24, 2021, regarding “Mandatory 

Coronavirus Disease 2019 Vaccination of Department of Defense 

Service Members.” 

Although the Coast Guard is part of the Department of Homeland Security and not the 

Department of Defense, the Coast Guard has been and intends to remain aligned with the 

Department of Defense regarding COVID-19 vaccination policy. Therefore, the NDAA legislation, 

as a practical matter, will substantially affect Plaintiffs’ claims challenging the Coast Guard’s 

vaccination mandate. Plaintiffs’ statement in their recent notice of supplemental authority that “the 

relevant NDAA provision does not even apply to the Coast Guard,” ECF No. 52 at 2, is therefore 

misleading. Plaintiffs are also incorrect that “there is not real indication that separations will cease” 

with respect to the vaccination mandate. In fact, in anticipation of the NDAA, the Coast Guard has 

paused separations due to vaccination status until January 15, 2023. The Coast Guard has 

separately provided several assurances to Plaintiffs’ counsel about pauses to separations as detailed 

1

 See https://www.whitehouse.gov/briefing-room/statements-releases/2022/12/23/ 

statement-by-the-president-on-h-r-7776-the-james-m-inhofe-national-defense-authorization-actfor-fiscal-year-2023/. 

2

 The full text of the legislation is available on the website of the House Committee on Rules: 

https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-117HR7776EAS-RCP117-

70.pdf. The provision directing the recission of the military’s COVID-19 vaccination requirement 

is at Section 525. 

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in the multiple status reports that Plaintiffs have filed with the Court. See ECF Nos. 25, 44, 47, and 

51. 

Defendants will continue to provide the Court with further updates on the NDAA and 

relevant changes to Coast Guard policy made in connection therewith. 

Dated: December 23, 2022 Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

ALEXANDER K. HAAS 

Branch Director 

ANTHONY H. COPPOLINO 

Deputy Branch Director 

 /s/ Johnny Walker 

CODY T. KNAPP (NY Bar #5715438) 

JOHNNY H. WALKER (D.C. Bar #991325) 

Trial Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street NW, Rm. 12304 

Washington, D.C. 20530 

Tel.: (202) 514-3183 / Fax: (202) 616-8460 

Email: johnny.h.walker@usdoj.gov 

Counsel for Defendants

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