Best listening experience is on Chrome, Firefox or Safari. What the government will have to prove, in both cases, is that while its granted thousands of medical and administrative exemptions though many of those are temporary that the high bar for approval of religious exemptions is necessary for keeping the force healthy and deployable. 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 lawsuits do not offer details from these meetings, nor do they state that the plaintiffs consulted with experts in their own religious communities before making their decisions to refuse vaccination. The problem here is that the government is simply unwilling to offer any compromises. It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. Troops who refused COVID vaccine still may face discipline The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. 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. Meghann Myers is the Pentagon bureau chief at Military Times. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. All rights reserved. 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. Vaccine refusers often state that the use of fetal cell lines in the creation of the shots conflicts with their views on abortion. The Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. Department of Justice seeks dismissal of military vaccine lawsuit Im happy to take that one from you. And one of the reasons for that is if they if theyre between the ages of 17 and 23, and theyre not vaccinated, were not even willing to talk to them. And so theyre basically closing off an entire segment of society in a discriminatory manner. Air Force vaccine case will remain a class-action, appeals court rules The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. More than 1 million Americans have died from COVID-19 since the virus began spreading in December 2019, and the U.S. has recorded around 89 million cases. . Thats really prohibited by the by the courts considering these types of cases. 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. 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. 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. Eglin AFB officers part of federal court challenge to military COVID They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023 The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. However, in a strange turn of events, while Bolsonaro was eating Mickey Mouse-shaped pancakes in Orlando, a group of Bolsonaristas (supporters of Bolsonaro) attacked the Brazilian Supreme Court, Congress, and Presidential Palace in Brasilia and called for a military coup.Lula blamed Bolsonaro personally for the attacks; Moraes quickly moved to suspend Brasilia's governor and security chief . 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. 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. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. Military officials announced this week that, after months of warnings, they have . The Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. The Navy already denied these exemptions, but O'Connor. 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. 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. A timeline of when vaccines are due was left up to the . It is not yet clear how the various services will handle pending lawsuits that sprang up in the years following the Pentagon's COVID-19 vaccine mandate. But in terms of the underlying legal issues that are raised, no, theyre exactly the same. 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. Theyre usually willing to accept that and say, look, yeah, Im happy to. A Ruling That Could End the Internet as We Know It - The New York Times As of Tuesday, the Air Force had denied about 6,800 initial religious waiver requests and 3,600 appeals, and has not ruled on nearly 3,500 more cases. 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. 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. 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. Just because the plaintiffs identify as a member of one religion or another doesnt mean they need to follow every tradition, according to Griffin, the former Coast Guard lawyer, nor would they need to justify why they are religiously opposed to the COVID-19 vaccine in particular. 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. Military's COVID-19 vaccine mandate lifted, but litigation lingers For the Texas case, its more likely those sailors will receive religious exemptions, but that they wont necessarily change the way the military mandates vaccines or reviews exemptions. Mike Barry: I think theres almost 30 now. If you want to swap with me, and they do that through the employer, or their employer offers that. So I think that if one of these cases does end up in front of the Supreme Court, it will probably be addressed just on the narrow vaccine issue. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. 2:41 . 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. 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? NEW ORLEANS Federal appeals court judges closely questioned a Biden administration attorney Monday on the consequences military personnel might face for refusing COVID-19 vaccinations, even. The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. 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. 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 . By Bethany Blankley (The Center Square) Military leaders will testify on Tuesday before the Military Personnel Subcommittee of the House Armed Services Committee about the impact of the Department of Defense's COVID-19 vaccine mandate on DOD employees and military service members. AFLDS has also pushed ivermectin and. You got a preliminary injunction in that case and a favorable ruling from the Fifth Circuit. 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. And then if you come back and you say, oh, no, but my exemption is a medical exemption [see Contraindications and Precautions]not a religious exemption, then the military says, Oh, well, in that case, we welcome you with open arms. Why is the DoD ignoring natural immunity when the CDC and other epidemiologists and medical experts have all generally agreed natural immunity is a real thing. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. Mike Barry: Probably not at the Supreme Court level. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. COVID-19 vaccines are proven to be very safe and effective at preventing COVID-19 hospitalizations and deaths. The population of people seeking religious accommodations now is fairly small.. Service members file lawsuit over Pentagon's coronavirus vaccine The goal, representatives for the plaintiffs say, is to at least secure religious exemptions for their clients, but potentially see a Supreme Court ruling that would apply to all service members. 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. 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. Well, what if somebodys not really sincere? 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. Circuit Court of Appeals panel that federal court injunctions against the mandate are still needed, in part because decisions on deployments and assignments can still be made based on vaccination status. Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. The Bonkers Lawsuit to Stop the Pentagon's Vaccine Mandate All told the lawsuit includes 26 SEALs from the original complaint, plus five special warfare combatant crewmen, five divers and one explosive ordnance disposal technician who joined the case in late January. 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. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. 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. In late August, Pfizers vaccine received full approval under the brand name Comirnaty. New data is out on COVID vaccine injury claims. What's to make of it? The Navy lawsuit is one of several ongoing legal challenges to the military branches' policies on religious exemptions to the DoD COVID-19 vaccine mandate. It took four years and was licensed in 1967. 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. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. Plaintiffs do not believe that staying true to their faith means exposing themselves or others to unnecessary risk, according to the filing. Still, the organization said Covaxin is still a safe and effective product. I think one of the militarys concerns is whats the limiting principle here? The Florida filing also spends much more time on the biographies of the complainants. Cincinnati federal judge blocks Air Force, Air National Guard - FOX19 Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. President Joe Biden signed the. The decision sets the stage for a future trial or, possibly, the case winding its way up to the Supreme Court. There was no indication when the judges would rule. COVID vaccine mandate lawsuit: Air Force officers argue shots are On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. Copyright 2023 Hubbard Radio Washington DC, LLC. Theyre not following their own regulations. Soldier, Marine lawsuit challenges mandatory COVID - Army Times Dr. Lee Merritt, a self-described Navy surgeon, stated during an . Commercial airlines has said, you know what, were gonna lift the mask mandate. 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. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. Produced by Will Reid , Rob Szypko . Pfizer Inc wants to intervene in a Texas federal lawsuit seeking information from the U.S. Food and Drug Administration used in licensing the company's COVID-19 vaccine, a litigation move that . Theres been a lot of great saints that have gone to prison, so Im willing to do that.. Religious exemption for COVID vaccine: Does military mandate offer one 11. There is no COVID-19 exception to the First Amendment. But the DoD is just saying Nope, we wont even recognize that we wont even consider it, even though they consider natural immunity for other communicable diseases and infections and things like that. And they recognize that theres almost a presumption of belief. They had been told to get certain vaccines or other things without even be notified of a religious objection.. The policy does allow commanders to "implement Health Protection Measures at any time or manner deemed necessary in support of operational safety and effectiveness." Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. The Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. For OConnor, the violation ofthe lawwas clear: Defendants have substantially burdened Plaintiffs religious beliefs. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. Its just such an inappropriate position for the government to be in.. NEW ORLEANS Federal appeals court judges closely questioned a Biden administration attorney Monday on the consequences military personnel might face for refusing COVID-19 vaccinations, even though Bidens vaccine mandate for military personnel has been rescinded. 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 first military COVID-19 vaccine mandate will take effect in November. 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. In a hypothetical alternate universe where it were the Navy and the Air Force, the rest of the services had an exemption process or a waiver process that did look more credible to you and to the court, do you lose these cases? Rabies shots are required only for some service members in certain career fields. Trident Order #12 also implemented the COVID-19 vaccine mandate at the command level for Naval Special Warfare forces, setting a deadline of compliance for October 17, 2021," the SEALs' legal team . 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. They are, theyre ignoring the law, theyre ignoring the Constitution. The Florida case began with a Navy and Marine Corps officer in 2021, but has soon ballooned to 36 plaintiffs from all military branches as well as some civilian Defense Department employees. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. Austin ends the militarys COVID-19 vaccine mandate, Ex-soldier, a neo-Nazi, gets 45 years for plot to ambush his own unit, Issues with the Armys Europe-based equipment trigger readiness alarms, Veterans Affairs drops mask requirement for all agency medical offices, How the Marine Corps is preparing for era of contested logistics, 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, Perennial pilot shortage puts Air Force in precarious position, Pentagon again denies helping Ukraine attack targets inside Russia. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. Jared Serbu: Yeah, theres a ton. Then in April, the WHO warned that. 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. 26 Feb 2023 11:38:25 National Vaccine Injury Compensation Program - Health Resources and In one of manyongoing federal lawsuitschallenging COVID-19 vaccine mandates across the country, Judge Reed OConnor of the U.S. District Court for the Northern District of Texas issued a group of Navy SEALs and Naval Special Warfare personnel a resounding victory Jan. 3 inU.S. Navy SEALs 1-26 v. Biden. Could the Supreme Court strike down the military's vaccination mandate? The Military Can't Get Troops to Take the Covid Vaccine. Come Again? The law says that sincerely held religious beliefs are to be taken at face value. 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? Just three days later, he issued a far more sweeping order granting 4,095 service members a religious exemption from the COVID vaccine. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. The plaintiffs argue that violates the Religious Freedom Restoration Act and the First Amendment. Jared Serbu: Mike, thanks for being here. US Military has approved religious exemptions to vaccine mandate - CNN 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. He has criticized the Air Force for what he sees as a failure to carefully consider the merits of each exemption request and instead sweepingly reject them. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. 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. 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. Ross said such questions were speculative and not at issue in the case before the court. Alleged spikes in medical conditions among the military after COVID-19 And yet were short, were saying that were having a hard time recruiting people. 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. So if they work Sunday afternoon, or if theyre scheduled to work a particular Sunday afternoon, they say, Well, Im a Sabbath observer on Sundays. According data submitted in the Florida case on Feb. 8: The services have declined to provide any details about the circumstances of the religious approvals, but both lawsuits allege that at least one of those Marines is due to leave service later this year. Federal judge temporarily halts Air Force's COVID-19 vaccine mandate Marine Corps Exceeds 1,000 COVID-19 Vaccine Separations, Navy at 469 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.. But there may be good reason for that.