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. 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. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. The military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. 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. 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 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. 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. Well, what if somebodys not really sincere? Other federal court challenges to various COVID-19 vaccine mandates are ongoing. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. 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. The group includes 14 men and two women. A federal judge in Cincinnati has expanded a temporary exemption to a Department of Defense COVID-19 vaccine mandate to cover thousands of service members in the U.S. Air Force and Space Force,. Still, the organization said Covaxin is still a safe and effective product. However, vaccine opponents note that commanders can still make decisions on how and whether to deploy unvaccinated troops, under a memo signed last month by Defense Secretary Lloyd Austin. Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. ", -- Konstantin Toropin contributed to this report. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. 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. And in one instance, I saw one of the head people for recruiting in the military said, Were having a really hard time identifying, basically people who are eligible to serve in the military. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Nov. 2, 2021. Of course, that came because of a federal judges ruling. Are there major differences here? 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. The mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity. Adam Rawnsley. The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. The Navy on Wednesday announced it had granted one waiver to a member of the Individual Ready Reserve, a non-drilling service member, who would have to get vaccinated should he or she come on orders. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. 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. 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We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. The first military COVID-19 vaccine mandate will take effect in November. Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. The next stop in the litigation is likely to be an appeal by the Department of Defense and the Biden administration to the U.S. Court of Appeals for the 5th Circuit. Were going from a 50-step process to a zero-step process? Duncan asked. Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. He spoke with a reporter last Wednesday but did . All rights reserved. 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.. 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. 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. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. Hey you have the Friday night shift, right? 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. There is no military exclusion from our Constitution. That means that this is quickly becoming a national security concern. Starbucks, for example, doesnt have a vaccine requirement. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. Theyre not following federal law. 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 at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. Army leadership has been eyeing the possibility of a mandated COVID-19 vaccine this summer, including in a June information paper originating from the Army's health care operations directorate . From this foundation they make studied and reasonable decisions about what is good and what is not good or may not be good for their bodies.. 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. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. 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 nevertheless, how many, I fly almost on a weekly basis for my job. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. Staver believes the Florida case case has a good chance of making it to the Supreme Court, potentially invalidating all government mandates for COVID-19 vaccination. 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? 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.. Mike Barry: I think theres almost 30 now. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. WASHINGTON The Air Force has discharged 27 people for refusing to get the COVID-19 vaccine, making them what officials believe are the first service members to be removed for disobeying the. 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 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. 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. 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 . US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. And that is textbook discrimination, right? Jared Serbu: Mike, thanks for being here. More than 800 unvaccinated service members have been ousted from the Air Force so far. The U.S . And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. 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. The Texas case has smaller aspirations purposely, Berry said. Secretary of the Army Christine Wormuth said in the press release that the service is still, however, encouraging vaccinations. Copyright 2023 Hubbard Radio Washington DC, LLC. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. 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. The . 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. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". This website is not intended for users located within the European Economic Area. 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? Theyre burdensome, but the person says, But you know what, at the end of the day, Im not have to inject something in my body that violates my religious beliefs. New family, former Corvias employee join lawsuit against Fort . 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. 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. The Army also announced in a Friday press release that ongoing reviews of COVID vaccine exemption requests, records of soldiers who requested COVID vaccine exemptions, vaccine requirements for accessions or pre-commissioning programs, and travel restrictions based solely on COVID vaccination status will be removed or amended. 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. While powerful, that statement isnt true. All rights reserved. Nor do they mention the host of common medications that also use these stem cells, including Tylenol, Advil/Motrin, aspirin, Tums, Pepto Bismol, Benadryl, Sudafed and Claritin. To date, no members of the Army or Space Force have received a religious exemption, though nine airmen and three Marines have been approved. 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 lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. The Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. But there may be good reason for that. Follow him on Twitter @TomNovelly. 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. Thats really prohibited by the by the courts considering these types of cases. The law says that sincerely held religious beliefs are to be taken at face value. They are, theyre ignoring the law, theyre ignoring the Constitution. Hubbard Radio Washington DC, LLC. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. 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,. The government really cant scrutinize belief very far.. 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. Fox News U.S. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. 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. The only difference is really is that each branch of the military has their own internal regulations and policies for how they adjudicate these things. The complaint also brings up the issue of Food and Drug Administration licensure. The Texas lawsuit argues that the Navy Department is blanketly denying all religious requests, making the process a sham. 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. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,OConnor said: As a brief preview, the vaccine mandate fails strict scrutiny. Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. 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. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. 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. The Navy already denied these exemptions, but O'Connor. Copyright 2023 Military.com. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? 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. And I havent heard of a single Starbucks shutting down. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. Sixty-seven percent of the U.S. population is fully vaccinated. 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. 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. 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. The lawyers for the biggest lawsuit against the service said that, after the Navy's policy change on deployment, they were "still assessing the impact of this policy on our Navy SEAL clients and more than 4000 class members," according to a statement released Thursday night. 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. Because of those peoples religious beliefs and religious convictions. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. 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. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. 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. They had been told to get certain vaccines or other things without even be notified of a religious objection.. Theyll accept that alternative and say, okay, you know, Im willing to do that instead. Military officials announced this week that, after months of warnings, they have . President Ferdinand Marcos Jr. condemned the mid-morning attack. Rabies shots are required only for some service members in certain career fields. President Biden declared "the pandemic is over," yet is still pushing to discharge thousands of religious service members for their objections to taking the COVID-19 vaccine. There was no indication when the judges would rule. 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. Its just such an inappropriate position for the government to be in.. Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. That leaves around 14,400 airmen and guardians less protected in the COVID-19 pandemics third year. 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. But Im willing to do that. 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. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. Earlier in the case: Eglin AFB officers part of federal court challenge to military vaccine mandate Related:Motion to halt military COVID-19 vaccine mandate fails; federal trial date set The 18 . Vaccine refusers often state that the use of fetal cell lines in the creation of the shots conflicts with their views on abortion. 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 . 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. 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. 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. They dont offer what are, in the legal speak, we call advisory opinions. Yes, many of them have brought that and its a rubber stamp rejection, he said. 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. WASHINGTON (AP) The military services are still reviewing possible discipline of troops who refused the order to get the COVID-19 vaccine, defense officials told Congress on Tuesday, and they provided few details on how many of those who were forced out of the military would like to return. 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. Feb. 23, 2023. (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. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. ), the Washington Post, and others. And our clients are, theyre stationed in various locations, quite a few of them are here in Texas. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. The Florida filing also spends much more time on the biographies of the complainants. 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. 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. 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. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. Best listening experience is on Chrome, Firefox or Safari. They argue that their. Plaintiffs sincerely held religious beliefs that their bodies are temples of the Holy Spirit and that they are to glorify God with their bodies lays the foundation for everything they do, consume, or inject into their bodies, according to the Florida lawsuit. Additionally, "promotion records will be corrected by the [Department of the Air Force] who will remove or redact all adverse actions related to vaccine refusal," according to a Friday press release. The Florida case, in a 187-page complaint, takes measures much further. Court Delivers Win to Military Members Denied Religious Exemptions From Pentagon Vaccine Mandate, SCOTUS 101: Student Loans and Major Questions, Unpacking the Oral Arguments Against Bidens Student Loan Cancellation, Appeals Court Steals Show on ERA Amid Senate Panels Bid to Resurrect Dead Amendment, the Supreme Court is set to hear oral arguments. 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. Then in April, the WHO warned that. 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. 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. 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. Produced by Will Reid , Rob Szypko . 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. But if they eventually get consolidated in the Supreme Court grants cert [writs of certiorari] on something that considers the issue more broadly, would you expect that well get a case or a ruling that goes beyond the narrow issue of vaccines and gives the military some guidance as to how RFRA and broader religious accommodation issues apply to the military? The suit was initially filed by a group of Navy SEALs but later expanded to include all vaccine-refusing sailors. Ryan Bruce, a Marine Corps spokesman, told Military.com. A federal appellate judge has dealt another blow to the military's coronavirus vaccine mandate by allowing a high-profile class-action lawsuit against the Air Force to move forward. In the Navy, none of more than 4,000 religious exemptions had been approved, but there were about 252 temporary and 11 permanent medical exemptions. Lawmakers expressed frustration with the news . "Marines will defer to Combatant Command policies regarding deployments.". The government has recently ordered imminent punitive action against those men and women of faith who cannot in good conscience take these experimental vaccines, and this order stops the government in its tracks, Adam Hochschild, a lawyer with the Thomas More Society and lead counsel in Air Force Officer v. Austin, said in a release.
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