In late August, Pfizers vaccine received full approval under the brand name Comirnaty. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. 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. The lawsuit, in which 14 men and two women serving in the military are named as plaintiffs, names U.S. Secretary of Defense Lloyd Austin, three U.S. military service secretaries and other. Its just such an inappropriate position for the government to be in.. 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.. Jared Serbu: Last thing, theres a lot of these vaccine cases, even just military vaccine cases floating around in various district courts and circuits the moment. The new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. He spoke with a reporter last Wednesday but did . New family, former Corvias employee join lawsuit against Fort . The first military COVID-19 vaccine mandate will take effect in November. (Susan Walsh/AP, File). Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. The law says that sincerely held religious beliefs are to be taken at face value. There is no military exclusion from our Constitution. Well, what if somebodys not really sincere? There is no COVID-19 exception to the First Amendment. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. 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 Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. Essentially, while the Marines applied for exemptions on religious grounds, they were already entitled to a much more straightforward administrative exemption for troops soon to leave service or not currently with their units, which is likely the reason they were approved. 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. Military officials announced this week that, after months of warnings, they have . The vaccine mandate divided Americans and has remained a contentious political issue. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. 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.. Simply put, no actual fetal cells were used in the development of any of the COVID-19 vaccines the cells in question were replicated by scientists, in labs, from tissue harvested previously. 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. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. They argue that their. I mean, this is quickly becoming a national security issue for our nation. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. And theyre discriminating against people in the military. That includes protection from an adverse action while their exemptions are in process, a key part of the complaint, according to one of the attorneys on the lawsuit, which alleges that the plaintiffs have been removed from their jobs, flagged for promotion or otherwise hampered during the exemption process. Another difference is that the VICP is a no-fault compensation program. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. 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 service members have. Commercial airlines has said, you know what, were gonna lift the mask mandate. President Joe Biden signed the. 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 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. Follow him on Twitter @TomNovelly. President Ferdinand Marcos Jr. condemned the mid-morning attack. 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. Theyre not following federal law. Hey you have the Friday night shift, right? 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. 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. Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. 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. 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. 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. 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. Jared Serbu: Yeah, theres a ton. All rights reserved. Are there major differences here? Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. 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. 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? Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. Mike Barry:No, I think what happens is they become much smaller cases, right? "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . 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? This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. Were going from a 50-step process to a zero-step process? Duncan asked. CBC News reached out multiple times to Galati, who is listed as the spokesperson for the lawsuit in a press release issued by Vaccine Choice Canada. Same thing on airplanes, right? 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. Fox News U.S. 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. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? Federal News Network's DoD Cloud Exchange: From enterprise to the tactical edge discover how the Defense Department and military services intend to advance their use of cloud technologies. 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. 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. Mike Barry: I think theres almost 30 now. 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. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. 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. I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. A timeline of when vaccines are due was left up to the . Editors note: This story has been updated with information from the hearing. 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 fetal cells were not used to produce either vaccine, National Geographic reported last fall. The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. 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 soldier and Marine also want their case escalated into a class action lawsuit to take in other military personnel plus Department of Defense contractors. The Navy already denied these exemptions, but O'Connor. That leaves around 14,400 airmen and guardians less protected in the COVID-19 pandemics third year. The plaintiffs argue that violates the Religious Freedom Restoration Act and the First Amendment. 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. Need help accessing the FCC Public File due to a disability? 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. Mondays arguments were heard by Duncan and Ho, both nominated to the 5th Circuit by President Donald Trump, and James Graves, a nominee of President Barack Obama. The lawsuit emerges as the latest development in an ongoing fight between state leaders and the federal government as Gov. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. 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? In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . Because they will not compromise these religious beliefs, Plaintiffs have been threatened with separation from the military and other disciplinary action. 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 Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. I mean, all of it is just fraught with ideological purpose, and suspected purpose.. 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. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. Overall, scientific evidence indicates that the benefits of vaccines largely . The Navy comes in second with a total of 469 separations, which includes 50 this past week. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. 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.. 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. 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. Plaintiffs do not believe that staying true to their faith means exposing themselves or others to unnecessary risk, according to the filing. 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. 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. On Monday, Heather Hacker, an attorney for the Navy personnel, said the situation could be seen as worse now for them now that the older mandate policy has been rescinded, because current policy does not provide for a sailors religious objections to the vaccine to be considered when deployment or assignment decisions are made. 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. 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.. All rights reserved. The population of people seeking religious accommodations now is fairly small.. And in some cases, according to some reports, its even more durable than the vaccine and you dont have to get boosters and things like that. They include the small risk of myocarditis, which has anecdotally occurred in 1,626 U.S. residents out of more than 200 million fully vaccinated, with the highest risk in men under 24. They become the exception and not the norm. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. It took four years and was licensed in 1967. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. If you want to swap with me, and they do that through the employer, or their employer offers that. 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. 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 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. 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. 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. AFLDS has also pushed ivermectin and. I know, off the top of my head, the number in the Navy is somewhere near 4,100. 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. "Marines will defer to Combatant Command policies regarding deployments.". Because how do you avoid getting to the point where anyone can deny or refuse any lawful order by claiming that they have a sincerely held religious belief that would be encumbered by it? 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 Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? 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. 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. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. And yet were short, were saying that were having a hard time recruiting people. While the Jan. 3 victory applies only to the named naval personnel in the lawsuit and not to the entire vaccine mandate issued by the Department of Defense, for religious freedom advocates and faithful Americans, the victory is a breath of fresh air and a much-needed reminder that individuals who have selflessly committed themselves to the defense of the Constitution and its enshrined liberties are sometimes the very people whose rights need defending the most. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. 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.