The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. And yet they say, you know what, we now believe that its okay, for our employees to not be vaccinated, its okay for our customers to not be vaccinated. 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. U.S. Pushes Back Against Military Vaccine Mandate Lawsuit The law says that sincerely held religious beliefs are to be taken at face value. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . 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. And is there somewhere else we can assign them where maybe theyre at less risk of of COVID transmission or they start looking at the data, right, the actual CDC data and the COVID day they start look kicking it around and saying, You know what? 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. Biden appointee behind unlawful military vaccine mandate to step down. They become the exception and not the norm. "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 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. Sixty-seven percent of the U.S. population is fully vaccinated. 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. Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. 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. But their. According to the First Liberty Institute, the public interest law firm representing the service members, each of the denials appeared to be identical, suggesting the Navy had not taken any of the religious exemption requests seriously. 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. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. Hey you have the Friday night shift, right? And so all of them have requested religious accommodations from the vaccine mandate, which is, of course, something that DoD regulations and even federal law, clearly permit and allow. 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. In late August, Pfizers vaccine received full approval under the brand name Comirnaty. 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. That is especially true when the government imposes a choice between ones job and ones religious belief. 16Jan23 FAA's Feeble Lie Denying the Hack That Grounded ALL And well be back week after week.. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. 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. A timeline of when vaccines are due was left up to the . 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. Are there major differences here? Many religious exemption applications have explained that the service members werent aware of the use of fetal stem cells prior to all of the controversy over the COVID-19 vaccine, but for the purposes of the Religious Freedom Restoration Act, they dont have to explain themselves. Military service members have. Theyre usually willing to accept that and say, look, yeah, Im happy to. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. AFLDS has also pushed ivermectin and. Eglin AFB officers part of federal court challenge to military COVID 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. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. Cincinnati federal judge blocks Air Force, Air National Guard - FOX19 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 . Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. Copyright 2023 Hubbard Radio Washington DC, LLC. 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. Jared Serbu: Yeah, theres a ton. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. Jared Serbu: Mike, thanks for being here. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. COVID-19 vaccine no longer a mandate for military. What that means for Technology Artificial Intelligence Ask the CIO Automation Big Data CIO News Cloud Computing Cybersecurity IT Modernization Open Data/Transparency Reporter's Notebook Defense On DoD Army Navy Air Force (The Daily Signal is the news outlet of The Heritage Foundation.). 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. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. 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. Theyre basically saying, Nope, the vaccine is the only way that were going to allow you to continue to remain in the service. And one of the things I forgot to mention was the whole concept of natural immunity. 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. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. 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? Mike Barry: I think theres almost 30 now. The policy does allow commanders to "implement Health Protection Measures at any time or manner deemed necessary in support of operational safety and effectiveness." 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. 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. Could the Supreme Court strike down the military's vaccination mandate? 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. Underthat law, the government may substantially burden a persons exercise of religion only if it demonstrates that burden is (1) in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that interest. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. On Jan. 7,the Supreme Court is set to hear oral argumentsin a set of high-profile, consolidated cases on the Biden administrations vaccine mandates for private-sector entities with 100 or more employees, and for health care facilities that receive Medicaid and Medicare funding. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. 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. Here's the Army rule for vaccine refusals, which service leaders 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. 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. 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? 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. 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 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. ), the Washington Post, and others. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. I know, off the top of my head, the number in the Navy is somewhere near 4,100. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. The . COVID vaccine mandate lawsuit: Air Force officers argue shots are The Navy began issuing guidance to sailors earlier this month. It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. 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. Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. 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. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. Same thing on airplanes, right? 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. They argue that their. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. Court Delivers Win to Military Members Denied Religious Exemptions From The Navy comes in second with a total of 469 separations, which includes 50 this past week. And really, the greatest harm here is not just to our members of the military who are suffering under this, but its actually to our nation. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. 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. 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. 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. 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. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. 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. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. Im happy to take that one from you. 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. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. 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. Biden admin still pushing COVID vaccine mandate for military: It's Compensation Programs for Potential COVID-19 Vaccine Injuries - Congress 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. 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. Assuming, maybe Im assuming too much. 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. Other service members have struck out on their own to fight the mandate. Other federal court challenges to various COVID-19 vaccine mandates are ongoing. 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. 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. Mike Barry:No, I think what happens is they become much smaller cases, right? The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. 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 . The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. And I have yet to hear of a single flight being canceled because there was a COVID outbreak at 30,000 feet. The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. 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. The problem here is that the government is simply unwilling to offer any compromises. Rabies shots are required only for some service members in certain career fields. Pfizer-BioNTech Covid-19 vaccine syringes at a vaccination clinic in the Peabody Institute Library in Peabody, Massachusetts, on Jan. 26, 2022. Hubbard Radio Washington DC, LLC. 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. While vials contain the same formula, some have made the argument that because providers are still giving the emergency-use Pfizer version, no one can be compelled to get vaccinated until the Comirnaty-labeled vials are in circulation. President Ferdinand Marcos Jr. condemned the mid-morning attack. Rachel Cohen joined Air Force Times as senior reporter in March 2021. Members of the U.S. military who haven't been vaccinated against COVID-19 are starting to face the consequences. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. U.S. Military Service Members with Natural Immunity File Lawsuit over Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. 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 . 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 . 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. Navy quietly rolled back punishments for SEALs seeking religious Biden sued by Air Force officers who compare vaccine - Ars Technica Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. Jared Serbu: I want to go back to what you said earlier about the process being a sham, because I want to try and draw how much of an issue that actually is, in these cases. 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. 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 Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. New family, former Corvias employee join lawsuit against Fort . While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. Total exemptions granted in the Air Force included about 1,500 temporary medical exemptions and 2,300 administrative waivers, which includes the nine religious approvals. 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.

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