Rasul v. Myers

I join the majority opinion in full as to the plaintiffs’ Bivens claims and to the extent it disposes of plaintiffs’ Religious Freedom Restoration Act (“RFRA”) claims under the doctrine of qualified immunity. I write separately because I disagree that the term “person” limits the scope of the RFRA.

I

The majority reinstates its initial holding that plaintiffs cannot bring a RFRA claim because they are not “person[s]” within the meaning of that statute. See Maj. Op. 532-33 (summarizing its analysis from Rasul v. Myers, 512 F.3d 644, 668 (D.C.Cir.2008) {Rasul I)). Yet, “[a] fundamental canon of…