Assuming, maybe Im assuming too much. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. Nov. 2, 2021. The latest class action targets the Air Forces religious accommodation process, arguing that process is set up in such a way that getting a religious exemption to the vaccine is almost impossible. Navy officer sues DOD, Navy leaders over COVID vaccine - Navy Times The same day the Pentagon set the deadline for the services, several of the branches -- namely the Army and Air Force -- began issuing their guidance, which stated they would remove or correct adverse actions in records related to vaccine refusal. Its really the same thing in the military context with this vaccine, where theyre saying, Look, teleworking or, doing a lot of these other measures, right, social distancing, masking, testing, whatever the case might be. A 5th Circuit panel rejected the Biden administrations request to block the judges order. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? The judge's decision impacts 200 to 300 servicemembers stationed at Wright-Patterson Air Force Base in Dayton, who filed the lawsuit against top military leaders back in February. They are, theyre ignoring the law, theyre ignoring the Constitution. And yet were short, were saying that were having a hard time recruiting people. The lawsuit emerges as the latest development in an ongoing fight between state leaders and the federal government as Gov. 26 Feb 2023 11:38:25 The law says that sincerely held religious beliefs are to be taken at face value. New family, former Corvias employee join lawsuit against Fort . Other federal court challenges to various COVID-19 vaccine mandates are ongoing. COVID19 vaccine mandate to end for military - fayobserver.com Johnson & Johnson uses cells replicated from a fetus aborted in 1985 to produce its vaccine, but those cells are filtered out from the final product. Mike Barry: Probably not at the Supreme Court level. Any sailors who submitted a religious exemption for the COVID-19 vaccine can continue in the Navy under the injunction, according to NAVADMIN 102/22. The temporary restraining order means the military cannot punish airmen and Space Force guardians whose application for a religious exemption to one of the federally endorsed vaccines was denied or is still being processed. More than 60 service members have joined lawsuits against the U.S. government, alleging that the military's process for awarding religious vaccine exemptions is a sham. The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. Already, a soldier and Marine have filed a lawsuit arguing that service members who have already recovered from COVID-19 and therefore have natural immunity should be exempt from vaccine mandates, according to the Army Times. But Islamic tradition does not discourage vaccination, and doesnt forbid abortion before 17 weeks gestation, with even more leeway if the health of the mother is in jeopardy or if there are life-threatening fetal abnormalities. Air Force vaccine case will remain a class-action, appeals court rules "It hasn't done it yet. The policy does allow commanders to "implement Health Protection Measures at any time or manner deemed necessary in support of operational safety and effectiveness." I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. Essentially, while the Marines applied for exemptions on religious grounds, they were already entitled to a much more straightforward administrative exemption for troops soon to leave service or not currently with their units, which is likely the reason they were approved. ), the Washington Post, and others. Simply put, no actual fetal cells were used in the development of any of the COVID-19 vaccines the cells in question were replicated by scientists, in labs, from tissue harvested previously. Jared Serbu: Mike, thanks for being here. Still, the organization said Covaxin is still a safe and effective product. The government has since filed a notice that it plans to appeal the decision. This material may not be published, broadcast, rewritten or redistributed. All rights reserved. While in Texas, the sailors offered descriptions of their jobs, in Florida, the biographical information goes into training, deployments and expertise, attempting to make the case that their involuntary discharges would be a huge loss. Through much prayer and reflection, Plaintiffs have sought wisdom, understanding, and guidance on the proper decisions to make concerning these COVID-19 vaccines, and Plaintiffs have been convicted by the Holy Spirit that accepting any of the three currently available vaccines is against the teachings of Scripture and would be a sin, according to a Florida lawsuit first filed in late 2021, then amended on Feb. 7 with additional plaintiffs. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. Staver, the attorney for the Florida plaintiffs, said his clients have shared their exemption rejection letters, which do not detail specifically why their requests werent approved. The service members sued this week to vacate a Pentagon vaccine mandate for all those in the military, arguing they face imminent harm if a court order isn't issued temporarily blocking the. When you treat people who have a medical exemption for more favorably than you treat somebody who has a religious exemption, that is textbook discrimination, and thats whats happening. I think that a process that is not a sham looks a little bit something like the military regardless of what branch were talking about, takes an honest look and says okay, what is this persons job or their function? A U.S. Navy officer is suing the leaders of the Defense Department and the Navy because they have denied his waiver requests to exempt him from getting the mandated COVID-19 vaccine. The Navy SEALS filed their lawsuit in November of 2021, describing what they saw as a cumbersome 50-step process to obtain religious exemptions for the COVID-19 vaccine. So thats usually unwise, and so practitioners who are in front of the Supreme Court frequently like us, we usually know not to do that. Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. For a population accustomed to having very little power over their personal decisions where they live, what they wear, how they cut their hair, how much they weigh the opportunity to have some control over their medical decisions is an enormous discovery. Well, the good news is the law is set up so that the government actually can win those cases, when all they have to do is demonstrate that they have a compelling interest. Based on his Roman Catholic Christian faith and absolute opposition to abortion, he cannot accept a vaccine that has been manufactured, or whose efficacy has been tested and proved, using aborted fetal cells, the Florida lawsuit alleges, on behalf of a Coast Guard pilot. On August 30, both Robert and Mulvihill asked U.S. District Court Judge Raymond Moore for a temporary restraining order regarding the vaccinations for military members who have already been. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. Department of Justice seeks dismissal of military vaccine lawsuit The Florida case, in a 187-page complaint, takes measures much further. I mean, all of it is just fraught with ideological purpose, and suspected purpose.. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. Another lawsuit, first filed by troops attached to Wright-Patterson Air Force Base, Ohio, has led to temporary protections for around 10,000 active-duty, Active Reserve, reserve and National Guard members of the Air Force and Space Force who requested a religious exemption from the COVID vaccine, although only those who have been denied an exemption would face immediate action. Until any harm is remedied, according to Bruns, the case is still active. The number of exemptions has fluctuated over the last several months as some people decided to get the shots or leave the service instead of seeking accommodation. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. Details emerge of Vaccine Choice Canada lawsuit over coronavirus - CBC I mean, this is quickly becoming a national security issue for our nation. The Florida filing also spends much more time on the biographies of the complainants. More than a dozen unidentified U.S. service members have filed a lawsuit seeking to overturn the Defense Department's COVID-19 vaccine order, saying they have natural immunity from. The group includes 14 men and two women. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. The first lawsuit to garner national attention, filed in Texas late last year, made a splash because its plaintiffs include SEALs, among the most elite of the militarys special operations forces. Pope Francis has called vaccination against COVID-19 a moral obligation and an act of love., Frequently people let themselves be influenced by the ideology of the moment, often bolstered by baseless information or poorly documented facts, he said in January, adding that vaccines are not a magical means of healing, yet surely they represent, in addition to other treatments that need to be developed, the most reasonable solution for the prevention of the disease.. Pfizer pushes to intervene in lawsuit seeking COVID vaccine information But Im willing to do that. The Department of the Air Force, which also issues guidance for the Space Force, has detailed it will be rescinding letters of admonishment, counseling or reprimand; records of individual counseling; nonjudicial punishments; and current involuntary discharge proceedings connected to vaccine refusal. More than 8,400 troops were forced out of the military for refusing to obey a lawful order when they declined to get the vaccine. Theyll accept that alternative and say, okay, you know, Im willing to do that instead. The Catholic Churchs policy on derived fetal cells has been clear for decades: the sin of abortion is so far removed in pharmaceutical development that a Catholic is not violating any principles by getting vaccinated. -- Thomas Novelly can be reached at thomas.novelly@military.com. Per FDA guidance, these two vaccines are interchangeable and DoD health care providers should use doses distributed under the EUA to administer the vaccination series as if the doses were the licensed vaccine, " she wrote. Jared Serbu: Yeah, theres a ton. Law firms Latham & Watkins LLP Follow Siri & Glimstad LLP (Reuters) - The U.S. Centers for Disease Control and Prevention, facing a Freedom of Information Act lawsuit seeking a vast trove of data. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. The plaintiffs argue that violates the Religious Freedom Restoration Act and the Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. But what we cant do is say, well, because they ruled this way, in this case, this is how theyre going to rule in all cases. Follow him on Twitter @TomNovelly. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. Commercial airlines has said, you know what, were gonna lift the mask mandate. And they have different ranks, different different job responsibilities in the Air Force, a number of them are actually pilots in the Air Force. It was just a bunch of window dressing, on what was really a foregone conclusion of 100% of religious exemption requests were going to be disapproved, Berry said. Mike Barry:No, I think what happens is they become much smaller cases, right? Are there major differences here? Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. The U.S . By The Associated Press WASHINGTON A bill to rescind the Covid-19 vaccine mandate for members of the U.S. military and provide nearly $858 billion for national defense passed the House on. The Pentagon directed all the services to "formally rescind any policies, directives, and guidance implementing those vaccination mandates as soon as possible, if they have not already done so," according to a Friday press release. Night shifts arent popular, especially on Friday night, and things like that. Like the other service branches, the Navy required all active-duty service members to be fully vaccinated before Nov. 28 or risk a full range of disciplinary action. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. Because they will not compromise these religious beliefs, Plaintiffs have been threatened with separation from the military and other disciplinary action. Jared Serbu: This case seems remarkably similar to another case that I think First Liberty was also counsel on with a group of Navy SEALs before the very same judge, I believe too. It took four years and was licensed in 1967. On Friday, President Joe Biden signed the National Defense Authorization Act for fiscal year 2023, which repeals the COVID-19 vaccine mandate for service members. (The Daily Signal is the news outlet of The Heritage Foundation.). In one of many ongoing federal lawsuits challenging COVID-19 vaccine mandates across the country, Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas issued a group . The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. "Marines will defer to Combatant Command policies regarding deployments.". Right? The new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. So our lawsuit is really predicated on on the argument that this is all a sham, that the Air Force is not following the Constitution. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. The three coronavirus vaccines currently available in the United Statesthe Pfizer-BioNTech, Moderna, and, as of Saturday, the Johnson & Johnson versionsare approved on "emergency use. That leaves around 14,400 airmen and guardians less protected in the COVID-19 pandemics third year. More than 60 service members have joined lawsuits against the U.S. government, alleging that the military's process for awarding religious vaccine exemptions is a sham. The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect,OConnor wrote, adding: The COVID-19 pandemic provides the government no license to abrogate those freedoms. About 97% of the Department of the Air Force is fully vaccinated, though a larger share of active duty airmen and guardians have gotten the jab compared to their Guard and Reserve counterparts. I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. Complainants push back on the militarys position that remaining unvaccinated endangers the force and undermines national security, since the vast majority of troops have received all of a one- or two-shot regimen. Those records are supposed to be cleared by March 31, according to the guidance. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. More than 60 service members have joined lawsuits against the U.S. government, alleging that the militarys process for awarding religious vaccine exemptions is a sham. Lt. Col. Edward Stapanon, a Catholic instructor pilot at the 435th Fighter Training Squadron in Texas, said he requested retirement twice but was turned down because he hasnt finished out an extension of his active duty service commitment that ends in 2024. Religious exemption for COVID vaccine: Does military mandate offer one 3 min read POINT PLEASANT, NJ A U.S. Marine from Point Pleasant who was discharged. None of the plaintiffs clarify whether they engage in any other behavior that might be seen as a desecration of that temple, whether its alcohol, drugs, unprotected sex or in the case of the Old Testament tattoos and piercings. Cincinnati federal judge blocks Air Force, Air National Guard - FOX19 Military leaders have long argued that to maintain unit health and troop readiness, troops have for decades been required to get as many as 17 vaccines, particularly those who are deploying overseas. Telling Plaintiffs they must accept or receive a shot they oppose according to their sincerely held religious beliefs, or face court martial, dishonorable discharge, and other life altering disciplinary measures, disgraces the sacrifices these heroes have made, according to the lawsuit. Unlike VARES that is questioned a lot by the totally compromised medical establishment for accuracy, the U.S. military DMED (Defense Medical Epidemiology Database) reporting system is only submitted by military doctors and qualifies every single ICD (International Classification of Diseases) code in the military for Tricare billing to Humana Insurance covering over 6 million military personal. Although certain COVID-19 vaccines are associated with a slightly increased risk of blood clotting or heart inflammation, COVID-19 itself is associated with a higher rate of these and other conditions. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Court documents show that two plaintiffs in Doster v. Kendall took the two-dose Covaxin vaccine, created in India, to comply with the Pentagons requirement. Washington Technology Power Breakfast: Cyber Command planning intelligence center, TSP contractor promises more improvements, for other communicable diseases and infections, FOIA backlogs on the rise after record number of requests, Revived bills would alter feds payment obligations during shutdowns, federal first responders pensions, VA launches equity task force to address disparity in benefits decisions based on race, White House $1.6B COVID fraud plan gives federal watchdogs increased staffing, VA deputy secretary, leader on EHR rollout and customer experience, is stepping down. In his order, OConnor granted an injunction against the Biden administration and the Department of Defense, preventing them from enforcing the vaccine mandate against any of the named service members who had applied for a religious exemption. Pentagon: Judge's halt of vaccine mandate for - Stars and Stripes Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. But although the Air Force has approved hundreds of medical and administrative exemptions, they have only approved a very small handful of religious exemptions and even the ones that theyve approved by their own admission, they are only for Air Force members who are basically already separating or are already on their way out. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. WASHINGTON Two months after the Pentagon began requiring all troops to get the coronavirus vaccine or face dismissal, the vast majority have now had shots, in part because none . Read all Military Times coverage of the COVID-19 pandemic here, Tens of thousands of part-time soldiers face discharge for missing COVID vax deadline, Federal judge shields another unvaccinated airman from punishment, New vaccine may be option for troops with religious concerns, Bids to weaken military COVID vaccine mandate stall in Congress, Veterans Affairs drops mask requirement for all agency medical offices, Officials OK some hand and neck tattoos for airmen, Guardians, Perennial pilot shortage puts Air Force in precarious position, Healthy eating on a budget for busy military spouses, The impossible choice facing many of Americas military families, Tax scams How to report them Money Minute, Capitol Hill weighs action on two controversial topics: medical marijuana and abortion, Lockheed wins hypersonics contract | Defense Dollars, Go inside a secret nuclear fallout bunker sealed for decades, Another Air Force fleet grounded over fears plane tails may fall off, Pentagon orders engine vibration fix for entire F-35 fleet worldwide, Minot firings due to failed nuclear safety inspection, Air Force advisers study use of satellites for tracking moving targets. Adam Rawnsley. Then in April, the WHO warned that. And in some cases, according to some reports, its even more durable than the vaccine and you dont have to get boosters and things like that. death from COVID-19 vaccines administered after the declaration ends would be addressed in court under tort law unless the COVID-19 vaccines are added to the National Vaccine Injury Compensation Program (VICP; 42 U.S.C. Because how do you avoid getting to the point where anyone can deny or refuse any lawful order by claiming that they have a sincerely held religious belief that would be encumbered by it? The judge recognized that when he granted our [temporary restraining order] on Feb. 2 because toward the end, he said the public has an interest also in this because these are courageous skilled, individuals who are not easily replaceable, Staver said. Is there any assurance on the record, that there will be no deployment decisions based on vaccination? Judge James Ho, one of three judges hearing the case asked Department of Justice lawyer Casen Ross. Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. The lawsuit, in which 14 men and two women serving in the military are named as plaintiffs, names U.S. Secretary of Defense Lloyd Austin, three U.S. military service secretaries and other. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one.