Mindes v. Seaman

Mindes v. Seaman is a standard of extreme deference established by the Fourth Circuit for cases relating to the military.

It was cited in February 2023 the basis for not enjoining an unlawful COVID-19 vaccine mandate against service members:

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In Williams v. Wilson, the Fourth Circuit adopted the test set forth in Mindes v. Seaman for determining the reviewability by federal courts of actions by military authorities. See Williams, 762 F.2d at 360; see also Roe v. Dep't of Def, 947 F.3d 207, 217-18 (4th Cir. 2010) (noting the Mindes test continues to be binding in the Fourth Circuit). The Mindes test requires district courts to weigh four considerations "in light of the general policy of nonreview of military matters." Williams, 762 F.2d at 359. The four factors are: Id. (1) the nature and strength of the plaintiffs challenge to the military determination; (2) the potential injury to the plaintiff if review is refused; (3) the type and degree of anticipated interference with the military function; (4) the extent to which the exercise of military expertise or discretion is involved.

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Alvarado v. Austin, Case No.: 1:22-cv-876 (AJT/JFA) (E.D. Virg., Alexandria Division).