Federal judge expands exemption to military's COVID-19 vaccine mandate 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. 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. Hey you have the Friday night shift, right? More than 800 unvaccinated service members have been ousted from the Air Force so far. 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 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. 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. 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. On Friday, President Joe Biden signed the National Defense Authorization Act for fiscal year 2023, which repeals the COVID-19 vaccine mandate for service members. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. In other words, its usually ill-advised to take an opinion on one subject or one issue, and then try to extrapolate and say and that and say, Well, that should apply across the board to all issues. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. Top Pentagon officials do not plan to alter their current "lawful orders" requiring the coronavirus shots for troops, unless they are granted waivers for medical or religious purposes, the. The military across the board is discriminating discriminating against people of faith. "It hasn't done it yet. Nov. 2, 2021. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? We took a very intentional approach of maintaining a laser-like focus on religious liberty, because we believe that that is the strongest legal basis, he 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. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. Secretary of the Army Christine Wormuth said in the press release that the service is still, however, encouraging vaccinations. 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 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. 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 Coast Guard issued guidance Monday announcing it was "taking action to remove" all administrative remark entries related to the COVID-19 vaccination mandate from reserve and active-duty records. Military Leaders Called To Testify About Impact Of COVID-19 Vaccine Mandate The lawsuit filed by Air Force members and other federal employees claims that "the US Constitution and numerous federal laws make it unlawful to compel persons to be vaccinated." The plaintiffs. Troops who refused COVID vaccine still may face discipline Thomas Bruns, a Cincinnati-based attorney with Bruns, Connell, Vollmar & Armstrong representing the service members, told Military.com on Monday that the service members in that case are promised full relief from any harms caused by the mandate. Court Delivers Win to Military Members Denied Religious Exemptions From 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. When I meet my maker, Im going to be held responsible for the decisions Ive made, and Id much rather go to prison, Stapanon testified in March. There was no indication when the judges would rule. Attorneys for the unvaccinated Navy personnel argued in briefs to the 5th Circuit that Austins memo and other Defense Department actions show that the Navy still intends to treat unvaccinated personnel like second-class citizens because of their religious beliefs.. But the administration won at least a temporary, partial victory last March when the Supreme Court approved a partial stay. The order allowed the Navy to consider the sailors vaccination status in making decisions on deployment, assignment and other operational issues while the case plays out. The Navy comes in second with a total of 469 separations, which includes 50 this past week. Religious exemption for COVID vaccine: Does military mandate offer one "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. The service branches must notify the Pentagon that they've made the changes no later than March 17. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. Lawsuits over military vaccine mandate to continue despite DOD "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. Another difference is that the VICP is a no-fault compensation program. Department of Justice seeks dismissal of military vaccine lawsuit Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. 300aa-10-300aa-44). That means that this is quickly becoming a national security concern. House passes defense bill scrapping military's Covid vaccine mandate The Navy has, however, granted medical exemption requests submitted by other personnel. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. Pfizer-BioNTech Covid-19 vaccine syringes at a vaccination clinic in the Peabody Institute Library in Peabody, Massachusetts, on Jan. 26, 2022. All rights reserved. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. msn back to msn home news Skip To Navigation Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. Lawmakers expressed frustration with the news . 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? Fox News U.S. 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. T he MAGA medical group that spent the pandemic pushing horse paste and malaria meds as quack COVID cures has a new crusade: suing the Pentagon to stop its vaccine mandate. The Navy began issuing guidance to sailors earlier this month. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. 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. 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. The problem here is that the government is simply unwilling to offer any compromises. Follow him on Twitter @TomNovelly. Troops who refused COVID vaccine still may face discipline The government really cant scrutinize belief very far.. The Air Force Department had received more than 12,000 religious exemption requests, denying over 3,000 of them and with roughly 2,000 still in adjudication. 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. Quite the contrary, they view life whether their own or that of their fellow servicemembers as sacred and deserving protection.. "I am proud of the efforts the Department of the Army has taken to respond to the COVID-19 pandemic," Wormuth 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. 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 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. The suit was initially filed by a group of Navy SEALs but later expanded to include all vaccine-refusing sailors. A U.S. Navy officer is suing the leaders of the Defense Department and the Navy because they have denied his waiver requests to exempt him from getting the mandated COVID-19 vaccine. The Air Force number is probably in the same ballpark. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? . 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. U.S. Pushes Back Against Military Vaccine Mandate Lawsuit Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. 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. The Catholic Churchs policy on derived fetal cells has been clear for decades: the sin of abortion is so far removed in pharmaceutical development that a Catholic is not violating any principles by getting vaccinated. 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. Im very confident that this case going to the Supreme Court, Mat Staver whose Liberty Counsel represents plaintiffs in the Florida case told Military Times on Tuesday. Judge Blocks Military Vaccine Mandate Again, Dares Supreme Court to 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. And that is textbook discrimination, right? 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. 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. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. A dozen U.S. Air Force officers have filed a lawsuit . New family, former Corvias employee join lawsuit against Fort . The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. Rachel Cohen joined Air Force Times as senior reporter in March 2021. 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 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? Theyre not following their own regulations. 16Jan23 FAA's Feeble Lie Denying the Hack That Grounded ALL 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. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. 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. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. COVID19 vaccine mandate to end for military - fayobserver.com The first lawsuit to garner national attention, filed in Texas late last year, made a splash because its plaintiffs include SEALs, among the most elite of the militarys special operations forces. Thousands of U.S. military defy COVID-19 vaccine order - Los Angeles Times The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect,OConnor wrote, adding: The COVID-19 pandemic provides the government no license to abrogate those freedoms. Produced by Will Reid , Rob Szypko . Rabies shots are required only for some service members in certain career fields. And now people will be able to take the analysis Supreme Court used and say, Okay, the way that they analyzed this issue, that might give us some indication of how they would analyze other issues, right. 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. 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. 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. Soldier, Marine lawsuit challenges mandatory COVID - Army Times The Supreme Court is historically, they only address the legal issues that are brought before them, right. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. And our clients are, theyre stationed in various locations, quite a few of them are here in Texas. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. Marine Corps Exceeds 1,000 COVID-19 Vaccine Separations, Navy at 469 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. Military's COVID-19 vaccine mandate lifted, but litigation lingers And yet were short, were saying that were having a hard time recruiting people. Right? 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 . Navy officer sues DOD, Navy leaders over COVID vaccine - Navy Times Still, the organization said Covaxin is still a safe and effective product. Peter Hill: Stats shown illness up in the military after COVID vaccine Theyre usually willing to accept that and say, look, yeah, Im happy to. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . A vaccine lawsuit is filed in the U.S. Court of Federal Claims, instead of regular state or federal courts like other drug injury claims. The government responded to the lawsuit by pointing out that immunization requirements are common in the military beginning with the Continental Army under George Washington and that vaccines and are essential to preventing the transmission of diseases in close quarters. 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. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. 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 Pentagon has not provided any public updates or said when the formal policy will be issued. 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. A ruling in that case, issued this past November by the 6th Circuit Court of Appeals in Cincinnati, upheld previous wins by attorneys representing the service members over the last year and took aim at the Air Force's process of approving religious exemptions. 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. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. 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