The Religious Freedom Rest oration Act
("RFRA") permits courts to award " appropriate relief "
against the government. 42 U.S.C. § 2000bb -1. This
includes the equitable relief of reinstatement of back
pay and retirement benefits.
Here, the Air Force instituted a mandate for the
COVID -19 vaccine ("Vaccine Mandate "), but then
systemically denied religious exemption requests. Petitioners sued, a class was certified, and preliminary injunctive relief was ordered. In opposing
more encompassing preliminary injunctive relief,
Respondents arg ued that RFRA permitted
reinstatement of back pay and retirement points in final judgment, which the district court accepted.
The Vaccine Mandate was rescinded by an act
of Congress. Respondents then took an about face and claimed that restoration of back pay and retirement
points could not be awarded under RFRA and, as such,
the case was moot. The district court accepted this argument and dismissed for mootness and the Sixth Circuit affirmed. This petition follows.
The questions presented are:
1. Whether RFRA permits the equitable relief of
reinstatement, to include back pay and retirement
points.
2. Whether Respondents are judicially estopped
from arguing that back pay and retirement points may not be awarded under RFRA when, a year earlier, they
successf ully argued the opposite position to prevent
preliminary injunctive relief extending to
reinstatement of reservists.

Whether RFRA permits the equitable relief of reinstatement, including back pay and retirement points, and whether Respondents are judicially estopped from arguing against such relief