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A lawyer representing Navy Seals who do not want to be vaccinated against Covid-19 told a federal appeals court Monday that their lawsuit over a now-withdrawn vaccine mandate isn’t moot even though Congress passed legislation last December ordering the policy canceled.

During arguments before the 5th Circuit Court of Appeals in New Orleans, attorney Heather Hacker said the service members still face the possibility of discipline over their refusal to get vaccinated and the government has not ruled out taking vaccination status into account when doling out future assignments.

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