In re Navy Chaplaincy
| Decision Date | 30 January 2012 |
| Docket Number | Civil Action No. 07–0269 (RMU). |
| Citation | 841 F.Supp.2d 336 |
| Parties | In re NAVY CHAPLAINCY. |
| Court | U.S. District Court — District of Columbia |
OPINION TEXT STARTS HERE
Arthur A. Schulcz, Sr., The Law Office of Arthur A. Schulcz, Sr., Vienna, VA, for Plaintiffs.
Christopher R. Hall, Eric B. Beckenhauer, Matthew J.B. Lawrence, U.S. Department of Justice, Washington, DC, for Defendants.
Denying the Plaintiffs' Motion for a Preliminary Injunction
This matter comes before the court on the plaintiffs' sixth motion for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a). The plaintiffs claim that the Navy Chaplain Corps' selection board process, in which Navy chaplains cast votes resulting in the promotion of other chaplains, violates the Establishment Clause of the First Amendment to the United States Constitution. More specifically, the plaintiffs allege that the Navy's selection board process results in denominational favoritism that advantages Catholic and liturgical chaplains while disadvantaging non-liturgical chaplains.1 The plaintiffs contend that this alleged systematic bias has left non-liturgical chaplains underrepresented in the Navy. For the following reasons, the court denies the plaintiffs' motion for a preliminary injunction.
The court has recounted the rich factual history in this case on numerous occasions, and forgoes yet another recitation of the facts.2See, e.g., Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 293–96 (D.C.Cir.2006); Adair v. England, 183 F.Supp.2d 31, 34–38 (D.D.C.2002). For purposes of this memorandum opinion, the court notes that the plaintiffs claim that the Department of the Navy and several of its officials (collectively, “the defendants”) have discriminated against the plaintiffs on the basis of their religion, by establishing, promoting and maintaining “illegal religious quotas” and religious preferences in their personnel decision-making. Adair et al. v. England et al., Civ. No. 00–566 (“ Adair ”), 4th Am. Compl. ¶ 1; Chaplaincy of Full Gospel Churches et al. v. England et al., Civ. No. 99–2945 (“ CFGC ”), 4th Am. Compl. ¶ 1; Gibson v. Dep't of Navy, Civ. No. 06–1696 (“ Gibson ”), Am. Compl. ¶ 1. More specifically, the plaintiffs allege that the Navy is discriminating against members of “non-liturgical” religions when, inter alia, making promotion decisions. Adair, Mem. Op. (Jan. 10, 2002) at 5–9.
Three cases have been commenced, all raising “substantially similar constitutional challenges to the Navy Chaplaincy program.” In re Navy Chaplaincy, Miscellaneous No. 07–269, Mem. Order (June 18, 2007) at 3–4. The court ultimately determined that these cases, Adair v. England, CFGC v. England and Gibson v. Department of the Navy, should be consolidated under the caption In re Navy Chaplaincy. See id. at 4.
Although their constitutional challenges are nearly identical, the plaintiffs in each case are varied. The Adair plaintiffs are 17 current and former non-liturgical chaplains in the Navy. Adair, Mem. Op. (Jan. 10, 2002) at 2. In the CFGC case, the plaintiffs are composed of an endorsing agency for non-liturgical military chaplains called the Chaplaincy of Full Gospel Churches, and seven of its individual members. Id. Lastly, the Gibson plaintiffs consist of 41 individual plaintiffs and one organizational plaintiff, the Associated Gospel Churches, which is “a fellowship of non-denominational, evangelical churches.” Gibson, Am. Compl., ¶ 3.
As is immediately pertinent here, the Navy Chaplain Corps' selection process allows Navy chaplains to cast votes for or against chaplains, potentially resulting in the promotion of chaplains to higher ranks and larger pay. See generally Pls.' Mot. for Prelim. Inj. According to the plaintiffs, chaplain selection board members vote by pressing one of five buttons (ranging from zero to one hundred in twenty-five degree increments) that are concealed in a sleeve. Id. ¶ 3. If one chaplain on the selection board presses the button for “zero,” that single vote “zeroes out” the other votes, resulting in the likely non-promotion of a candidate. Id. ¶ 4. Because the voting buttons are concealed in a sleeve, chaplains' votes are and remain secret. Id. ¶ 3.
As a result of this process, the plaintiffs now move for preliminary injunction, asking the court to enjoin the Navy from “(1) the use of the Chief of Chaplains (the ‘Chief’) or his Deputy as chaplain selection board president; (2) the use of secret votes thereon with no accountability; and (3) placing chaplains on chaplain selection boards without effective guarantees that the power to distribute government benefits will be used solely for secular, neutral and non-ideological purposes.” Id. at 1. The plaintiffs have recently discovered that the government intends to proceed imminently with the selection board process, highlighting the plaintiffs' need to swiftly prevent the government from beginning its promotion cycle. With the plaintiffs' motion ripe for adjudication, the court turns to the applicable legal standards and the parties' arguments.
This court may issue interim injunctive relief only when the movant demonstrates“[1] that [they are] likely to succeed on the merits, [2] that [they are] likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 374, 172 L.Ed.2d 249 (2008) (citing Munaf v. Geren, 553 U.S. 674, 128 S.Ct. 2207, 2218–19, 171 L.Ed.2d 1 (2008)). It is particularly important for the movant to demonstrate a likelihood of success on the merits. Cf. Benten v. Kessler, 505 U.S. 1084, 1085, 112 S.Ct. 2929, 120 L.Ed.2d 926 (1992) (per curiam). Indeed, absent a “substantial indication” of likely success on the merits, “there would be no justification for the court's intrusion into the ordinary processes of administration and judicial review.” Am. Bankers Ass'n v. Nat'l Credit Union Admin., 38 F.Supp.2d 114, 140 (D.D.C.1999) (internal quotation omitted).
The other critical factor in the injunctive relief analysis is irreparable injury. A movant must “demonstrate that irreparable injury is likely in the absence of an injunction.” Winter, 129 S.Ct. at 375 (citing Los Angeles v. Lyons, 461 U.S. 95, 103, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)). Indeed, if a party fails to make a sufficient showing of irreparable injury, the court may deny the motion for injunctive relief without considering the other factors. CityFed Fin. Corp. v. Office of Thrift Supervision, 58 F.3d 738, 747 (D.C.Cir.1995). Provided the plaintiff demonstrates a likelihood of success on the merits and of irreparable injury, the court “must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief.” Amoco Prod. Co. v. Gambell, 480 U.S. 531, 542, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987). Finally, “courts of equity should pay particular regard for the public consequences in employing the extraordinary remedy of injunction.” Weinberger v. Romero–Barcelo, 456 U.S. 305, 312, 102 S.Ct. 1798, 72 L.Ed.2d 91 (1982).
As an extraordinary remedy, courts should grant such relief sparingly. Mazurek v. Armstrong, 520 U.S. 968, 972, 117 S.Ct. 1865, 138 L.Ed.2d 162 (1997). The Supreme Court has observed “that a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Id. Therefore, although the trial court has the discretion to issue or deny a preliminary injunction, it is not a form of relief granted lightly. In addition, any injunction that the court issues must be carefully circumscribed and “tailored to remedy the harm shown.” Nat'l Treasury Employees Union v. Yeutter, 918 F.2d 968, 977 (D.C.Cir.1990).
As a threshold matter, the defendants challenge the court's jurisdiction to grant any injunctive relief, and to entertain the plaintiffs' claims insofar as they relate to the promotion boards. According to the defendants, “[t]he court does not possess jurisdiction to enjoin selection board proceedings” because Congress has statutorily limited the relief available by enacting 10 U.S.C. § 628. The plaintiffs respond that § 628 does not specifically address injunctions, and argue that “[h]ad [Congress] wanted to” deprive the court of jurisdiction in this regard, it would have chosen more specific language. Pls.' Reply at 10. Additionally, the plaintiffs assert that the court has jurisdiction “to enjoin unconstitutionalaction by government officials.” Id.
In 2001, Congress enacted legislation that limits a court's jurisdiction over those actions filed on or after December 28, 2001 which seek judicial review of a decision or recommendation by certain military boards. See10 U.S.C. § 628(h). More specifically, the relevant provisions require that a person seeking judicial review of a decision made by a “promotion board” must first exhaust his or her administrative remedies by resorting to a “special selection board.” 3See10 U.S.C. § 628(h). Section 628(h)(1) forbids any “court of the United States” from considering “a claim based to any extent on the failure of a person to be selected for promotion by a promotion board,” unless “the person has first been referred by the Secretary concerned to a special selection board convened under [ 10 U.S.C. § 628] and acted upon by that board and the report of the board has been approved by the President.” Id. § 628(h)(1) (emphasis added). Furthermore, 10 U.S.C. § 628(h)(2) states:
No official or court of the United States...
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