Reservists who were removed from active duty due to the Department of Defense COVID vaccination policy can sue for back pay in the Court of Federal Claims.
The Court held that only reservists who were on active duty and were removed from that status for failure to vaccinate can have a claim for back pay under established precedent. For such reservists, the Court held that the unlawful removal claim survived a motion to dismiss filed by the Government. The plaintiffs might have valid claims under the Military Pay Act because the removal violated the Militia Clause of the United States Constitution, the statutory prohibition on the mandatory use of unlicensed FDA products, and a violation of the Religious Freedom Restoration Act. Importantly, the Court did not say that such violations occurred. The Court only held that the pleadings in the case were sufficient to move the case forward to discovery.
The case is Botello v. United States and it was decided on August 22, 2024.
The Court held that only reservists who were on active duty and were removed from that status for failure to vaccinate can have a claim for back pay under established precedent. For such reservists, the Court held that the unlawful removal claim survived a motion to dismiss filed by the Government. The plaintiffs might have valid claims under the Military Pay Act because the removal violated the Militia Clause of the United States Constitution, the statutory prohibition on the mandatory use of unlicensed FDA products, and a violation of the Religious Freedom Restoration Act. Importantly, the Court did not say that such violations occurred. The Court only held that the pleadings in the case were sufficient to move the case forward to discovery.
The case is Botello v. United States and it was decided on August 22, 2024.