Two Eglin Air Force base officers are among the plaintiffs in a federal lawsuit challenging the COVID-19 vaccine mandate for U.S. military personnel. Pfizer pushes to intervene in lawsuit seeking COVID vaccine information All the things that, you know, that the Navy was doing to harass and punish sailors we basically wanted that to all stop, Mike Berry, a former Marine judge advocate and now vice president at First Liberty Institute, which represents the Texas plaintiffs, told Military Times on Wednesday. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. The Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. Mike Barry:No, I think what happens is they become much smaller cases, right? They are, theyre ignoring the law, theyre ignoring the Constitution. While powerful, that statement isnt true. More:Dark money group targets Oklahoma Gov. Theyre usually willing to accept that and say, look, yeah, Im happy to. Theres a case to be made for turning these lawsuits into class action matters, Staver said, so that individual service members dont have to sue or just another case. 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. The Bonkers Lawsuit to Stop the Pentagon's Vaccine Mandate Compensation Programs for Potential COVID-19 Vaccine Injuries - Congress In late August, Pfizers vaccine received full approval under the brand name Comirnaty. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. The Marine Corps confirmed to a California congressman that two of those Marines were preparing to leave the service, while another one is doing a Training With Industry assignment. Meghann Myers is the Pentagon bureau chief at Military Times. Nov. 2, 2021. The latest data from the military show that roughly 30,000 active-duty service members remain unvaccinated against COVID-19, despite a Defense Department mandate issued in August and deadlines. The story seems pretty similar to whats going on with these airmen. Peter Hill: Stats shown illness up in the military after COVID vaccine Ross said such questions were speculative and not at issue in the case before the court. 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. They will also have to make the case that vaccinating, or involuntarily discharging, every service member is the least restrictive means of keeping the force safe from COVID-19, rather than enforcing masking or social distancing or in some cases, grandfathering in troops who acquired some immunity after catching COVID-19. Alleged spikes in medical conditions among the military after COVID-19 Three of the event's witnesses doctors Jay Bhattacharya, Martin Kulldorf, and Marty Makary are part of a small group of medical experts known as the Norfolk Group. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. 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 complaint also brings up the issue of Food and Drug Administration licensure. Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. 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. The Florida filing also spends much more time on the biographies of the complainants. He spoke with a reporter last Wednesday but did . Air Force Officers Sue Over Vaccine Mandate Religious Exemption Denials Mike Berry, general counsel for First Liberty Institute,said: Forcing a service member to choose between their faith and serving their country is abhorrent to the Constitution and Americas values . msn back to msn home news Skip To Navigation They include the small risk of myocarditis, which has anecdotally occurred in 1,626 U.S. residents out of more than 200 million fully vaccinated, with the highest risk in men under 24. Right? And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the emergency use authorization COVID-19 shots or face discharge and other disciplinary measures. Military Leaders Called To Testify About Impact Of COVID-19 Vaccine Mandate But their. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. 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. 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. Religious freedom laws are set up to avoid a circumstance where the Navy, or the military or the government, is doing a faith test, to determine whether or not you really believe what youre supposed to believe, Griffin said. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. You can't sue Pfizer or Moderna if you have severe Covid vaccine side Brazil's Emerging Judicial Dictatorship The lawsuit is one of two that have grabbed headlines in recent months, as the military has imposed mandatory vaccination deadlines that have since lapsed for all of the services and their components, save the Army National Guard and Army Reserve. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. A federal court in Ohio on Thursday blocked the Air Force from enforcing the militarys coronavirus vaccine mandate for two weeks, a short-term win for airmen fighting multiple legal battles against inoculation. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. That means that this is quickly becoming a national security concern. Ho and Judge Kyle Duncan noted that the administration had only reluctantly ended the military mandate after December congressional action, but Ross assured the panel that there are no plans to bring back the requirement. Military's COVID-19 vaccine mandate lifted, but litigation lingers 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. 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? Theyre not following federal law. Judge tosses lawsuit over military vaccination mandate | Coronavirus The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. When they inquired about seeking religious accommodation for the vaccine, the Navy informed many of them that they could face court-martial or involuntary separation if they refused to take the vaccine. Military officials announced this week that, after months of warnings, they have . Jared Serbu: Yeah, theres a ton. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. Bill Would Force Military To Reinstate Those Who Refused COVID Vaccine It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. Its just such an inappropriate position for the government to be in.. Commercial airlines has said, you know what, were gonna lift the mask mandate. There are some notable caveats. Army brigade surgeon claims in lawsuit vaccines are made with And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. They argue that their. The Texas lawsuit also states the plaintiffs are willing to continue to wear masks, social distance and take mandatory COVID-19 tests, rather than get vaccinated. The US military has approved religious exemptions to its Covid-19 vaccine mandate for 15 service members out of approximately 16,000 requests, according to the latest data from the services. And yet people who work and I mean, youre coming in very close proximity with thousands of people per day, hundreds of people per hour. More than 1.14 million out of the 1.4 million active military members have been fully vaccinated as of Wednesday, according to DoD data. So for example, in a different context, somebody who says that theyre a Sabbath observer, and they cannot work on the Sabbath, but that theyre willing to trade ships with somebody, most of the cases Ive seen, theyre actually willing to take, what most people consider be a less favorable shift. Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. Subscribe on PodcastOne or Apple Podcasts. The question is, whats the bigger risk to readiness: Discharging skilled, expensively trained service members for refusing to get vaccinated, or allowing them to continue serving with the potential to become infected with COVID-19, experience serious illness and potentially long-lasting side effects? And lets start by talking a bit about your clients, where they are in the Air Force vaccine exemption process and what led you to file the suit? ", -- Konstantin Toropin contributed to this report. Pfizer's Covid-19 vaccine was developed and cleared for emergency use in eight months a fact . Rabies shots are required only for some service members in certain career fields. Kevin Stitt with Fox News ads Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. Both cases are in a wait-and-see phase, where judges have granted injunctions against any discipline for vaccine refusal while the government responds to requests for information. The Supreme Court ruled in March 2022 that the sea service was allowed to reassign sailors who had refused the shot and filed exemption requests to nonoperational commands. Similar suits have been brought throughout the country by service members across the military branches. 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. OConnormade note of thisin his order, calling the process for seeking a religious exemption nothing more than theater, stating that the Navy merely rubber-stamps each denial, and stressing that the record overwhelmingly demonstrates that the Navys religious-accommodation process is an exercise in futility.. All of the military services are currently reworking their policies to adjust separation and promotion records for service members who refused to get the COVID-19 vaccine, after the Pentagon ended the inoculation mandate last month. At 1,038, the Marine Corps leads the military branches for the most separations. If the court certifies the class does the class become all unvaccinated airmen or everyone whos been denied a religious exemption? 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 . (U.S. Navy) Two service members filed a class action lawsuit against Defense Secretary Lloyd Austin to halt a mandate that all troops receive the coronavirus vaccine and create an exemption. In the Ohio case, 2nd Lt. Hunter Doster of Wright-Patterson Air Force Base and more than a dozen other plaintiffs argue the Air Force is forcing them to lose their livelihoods or violate their religious beliefs by receiving vaccines they say are impure or have ties to abortion. OConnor ruled that the blanket denial of their religious waiver requests amounted to a violation of the service members rights under the First Amendment andthe Religious Freedom Restoration Act. House Republicans warn about loss of public trust after COVID lockdowns The Pfizer and Moderna COVID-19 vaccines do not need fetal cell lines for development or production but were tested on fetal cell lines replicated from a fetus aborted in the 1970s to ensure their efficacy. 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. There is no military exclusion from our Constitution. The content of this website reflects the current thinking of the United States Department of Health and Human Services on the topics addressed and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. The group includes 14 men and two women. Soldier, Marine lawsuit challenges mandatory COVID - Army Times Biden appointee behind unlawful military vaccine mandate to step down. The new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. Same thing on airplanes, right? Troops who refused COVID vaccine still may face discipline 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. Fox News U.S. But there may be good reason for that. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? The Supreme Court is historically, they only address the legal issues that are brought before them, right. Troops who refuse mandatory COVID-19 vaccines will likely also face courts-martial for the same offense, said Zaid, who represented Task & Purpose in a Freedom of Information Act lawsuit to force . All 16 service members joined the lawsuit anonymously, listing in the filing only their currently assigned bases and statuses in the Army, Navy, Air Force, Marines, or reserve components. Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. Members face the same injury: violation of their constitutional freedom by defendants clear policy of discrimination against religious accommodation requests, wrote McFarland, of the U.S. District Court of the Southern District of Ohio. A 5th Circuit panel rejected the Biden administrations request to block the judges order. And that is textbook discrimination, right? A federal judge granted a preliminary injunction on Monday blocking the Defense Department from taking action against a group of 35 Navy sailors who had refused to get a coronavirus vaccine,. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. 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. US Military has approved religious exemptions to vaccine mandate - CNN Their lawyers have called a sham with applications being categorically denied., The Defense Department denied the process was onerous and said the Navy has a compelling interest in requiring vaccinations for personnel who often operate for long periods in confined spaces that are ripe breeding grounds for respiratory illnesses.. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. Military service members have. COVID-19 vaccine mandate for Air National Guard spurs Oklahoma lawsuit The lawsuits dont mention other vaccines these troops received either in their childhoods or during service the chicken pox, rubella and hepatitis A vaccines are all required that used descendent fetal cells in development. VICP provides compensation for injuries and deaths caused by The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". WASHINGTON (AP) 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 Thursday as. Right? The prospect of dishonorable discharges has been a concern for some against vaccine mandates, but that type of discharge can only be handed down through a court-martial conviction. 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. Another claimant, a Muslim Marine Corps captain, who said that his religious beliefs that require him to abstain from participation in that which is haram forbidden including the destruction and commoditization of innocent human life as exemplified by the use of human fetal cell lines derived from abortions, according to the lawsuit. Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. The World Health Organization approved Covaxin for emergency use in late 2021, making it a viable option for airmen who object to the three main U.S. shots. Ryan Bruce, a Marine Corps spokesman, told Military.com. 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. Lawsuits over military vaccine mandate to continue despite DOD So everywhere else in society has been able to figure this out, but our military hasnt because they take such an iron fisted, draconian approach to everything. The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. Of course, that came because of a federal judges ruling. "Marines will defer to Combatant Command policies regarding deployments.". Theres been a lot of great saints that have gone to prison, so Im willing to do that.. The Religious Freedom Restoration Act sets a low bar for proving ones religious beliefs, in that if someone states them, they are assumed to be sincere. The soldier and Marine also want their case escalated into a class action lawsuit to take in other military personnel plus Department of Defense contractors.

Charles L Capito, Camel Funeral Home Belle Glade, Fl Obituaries, Caroline Scott Kenway, Articles C