Hasan v. Gross

This case comes to us on an interlocutory appeal prior to the start of Appellant’s court-martial. Appellant seeks (1) a writ of prohibition, barring enforcement of the military judge’s order that Appellant’s beard be forcibly shaved on the grounds that the order violates the Religious Freedom Restoration Act (RFRA) of 1993, 42 U.S.C. §§ 2000bb to bb-4 (2006), and (2) a writ of mandamus ordering the removal of the military judge on the basis of actual bias, or in the alternative, the appearance of bias. Applying the heightened standard required for mandamus relief, we conclude that based on a…