The U.S. Air Force is urging the Supreme Court to reject an Air Force reservist’s petition for back pay and retirement benefits after he refused the military’s now-rescinded COVID-19 vaccine mandate on religious grounds. The case represents a significant test of sovereign immunity under the Religious Freedom Restoration Act.
Reservist Michael Poffenbarger is represented by attorneys Aaron Siri, Elizabeth A. Brehm, and Wendy Cox of Siri & Glimstad LLP, alongside other counsel. After Poffenbarger refused the vaccine mandate citing religious objections, he was reassigned to individual ready reserve status without pay or retirement points. His claims total approximately $4,300 in back pay and 24 reserve retirement points.
While Poffenbarger characterizes these as equitable relief under RFRA, the Air Force argues they constitute impermissible money damages claims barred by sovereign immunity. The government’s opposition brief cites precedent including the Supreme Court’s 2011 Sossamon v. Texas decision, arguing no appellate court has treated back pay or retirement points as “appropriate relief” available under RFRA.
Siri & Glimstad’s legal team has raised a judicial estoppel argument, asserting the Air Force previously stated Poffenbarger could receive back pay if successful. However, the Air Force counters that this assertion was already rejected by the district court.
The case became partially moot after Congress rescinded the Defense Department’s vaccine mandate in 2023, but Poffenbarger’s compensation claims continue, setting up a crucial test of whether RFRA permits monetary relief against the federal government.
