"Marines will defer to Combatant Command policies regarding deployments.". 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. 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. A timeline of when vaccines are due was left up to the . The Florida case, in a 187-page complaint, takes measures much further. 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. 3 min read POINT PLEASANT, NJ A U.S. Marine from Point Pleasant who was discharged. 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 . Other service members have struck out on their own to fight the mandate. Only the Johnson & Johnson vaccine is manufactured using fetal cell lines. Kevin Stitt with Fox News ads The government really cant scrutinize belief very far.. 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. Feb. 23, 2023. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. Here's the Army rule for vaccine refusals, which service leaders The suit was initially filed by a group of Navy SEALs but later expanded to include all vaccine-refusing sailors. 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. Peter Hill: Stats shown illness up in the military after COVID vaccine Brazil's Emerging Judicial Dictatorship Military's COVID-19 vaccine mandate lifted, but litigation lingers For OConnor, the violation ofthe lawwas clear: Defendants have substantially burdened Plaintiffs religious beliefs. 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. 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. Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. Starbucks, for example, doesnt have a vaccine requirement. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. 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 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 Navy granted another 500 administrative exemptions, including temporary waivers for sailors planning to leave the service or in the middle of a permanent change-of-station move, for example. 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. 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. To date, no members of the Army or Space Force have received a religious exemption, though nine airmen and three Marines have been approved. 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. And our clients are, theyre stationed in various locations, quite a few of them are here in Texas. Still, the organization said Covaxin is still a safe and effective product. Copyright 2023 Hubbard Radio Washington DC, LLC. 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. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. 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. The fetal cells were not used to produce either vaccine, National Geographic reported last fall. They had been told to get certain vaccines or other things without even be notified of a religious objection.. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? And at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. 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. The Texas case has smaller aspirations purposely, Berry said. 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? 26 Feb 2023 11:38:25 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. Military members opposed to vaccines seek legal help | wusa9.com Military service members have. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. Just three days later, he issued a far more sweeping order granting 4,095 service members a religious exemption from the COVID vaccine. 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. 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. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. Theres been a lot of great saints that have gone to prison, so Im willing to do that.. Federal judge expands exemption to military's COVID-19 vaccine mandate Hubbard Radio Washington DC, LLC. 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. 300aa-10-300aa-44). Ross said such questions were speculative and not at issue in the case before the court. The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. President Joe Biden signed the. And yet were short, were saying that were having a hard time recruiting people. Alleged spikes in medical conditions among the military after COVID-19 Military officials announced this week that, after months of warnings, they have . 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. 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,. 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. The first military COVID-19 vaccine mandate will take effect in November. Could the Supreme Court strike down the military's vaccination mandate? 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. They argue that their 1st Amendment rights are being infringed upon, because their sincerely held religious beliefs prevent them from receiving the COVID-19 vaccine. Military Services Will Amend COVID Vaccine Refuser Records So They Aren National Vaccine Lawsuit Injury Attorney - Carlson Law Firm Biden sued by Air Force officers who compare vaccine - Ars Technica This material may not be published, broadcast, rewritten or redistributed. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. Could Florida case strike down the military's vaccination mandate? Judge Blocks Military Vaccine Mandate Again, Dares Supreme Court to 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. Navy quietly rolled back punishments for SEALs seeking religious 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. 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. 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. 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. US Military has approved religious exemptions to vaccine mandate - CNN The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. The Navy already denied these exemptions, but O'Connor. Adam Rawnsley. 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. 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. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. 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. Those records are supposed to be cleared by March 31, according to the guidance. 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. Assuming, maybe Im assuming too much. 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. The new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . (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. That leaves around 14,400 airmen and guardians less protected in the COVID-19 pandemics third year. 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. Overall, scientific evidence indicates that the benefits of vaccines largely . Members face the same injury: violation of their constitutional freedom by defendants clear policy of discrimination against religious accommodation requests, wrote McFarland, of the U.S. District Court of the Southern District of Ohio. The . Hey you have the Friday night shift, right? In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. NC Marine and soldier sue to block military's COVID-19 vaccine mandate But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. And in fact, he said, the exemption process is fraught in and of itself. 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. 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. Of course, that came because of a federal judges ruling. Judge grants relief to Navy SEALs who refused coronavirus vaccine, sued Details emerge of Vaccine Choice Canada lawsuit over coronavirus - CBC 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 . More than 60,000 Army soldiers losing pay, benefits over vaccine Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. 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 Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. 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. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. Johnson & Johnson uses cells replicated from a fetus aborted in 1985 to produce its vaccine, but those cells are filtered out from the final product. 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 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 I havent heard of a single Starbucks shutting down. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". So if you can find a way to accommodate somebodys religious beliefs, in a less burdensome way right, a way thats less obstructive or cumbersome on their religious exercise, then if the person is really sincere in their religious beliefs, theyll usually accept that. 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. Theyre not following their own regulations. I know, off the top of my head, the number in the Navy is somewhere near 4,100. 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. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Air Force discharges 27 for refusing to get COVID vaccine : NPR - NPR.org 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. Nov. 2, 2021. Its just such an inappropriate position for the government to be in.. I think one of the militarys concerns is whats the limiting principle here? Vaccine Mandates in the Military: Litigation Over - Bill of Health 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. 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. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. And they recognize that theres almost a presumption of belief. 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. 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. 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. There is no COVID-19 exception to the First Amendment. 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. There is no military exclusion from our Constitution. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. In the Ohio case, 2nd Lt. Hunter Doster of Wright-Patterson Air Force Base and more than a dozen other plaintiffs argue the Air Force is forcing them to lose their livelihoods or violate their religious beliefs by receiving vaccines they say are impure or have ties to abortion. This website is not intended for users located within the European Economic Area. Air Force vaccine case will remain a class-action, appeals court rules Also missing from the lawsuits are any new religious conversion, or simply the possibility that they were previously unaware of the role of replicated fetal stem cells in pharmaceutical development, that would explain why they never objected to any vaccines or medications before. Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. 16 Service Members Sue to Halt DoD's Vaccine Order | Military.com More than 800 unvaccinated service members have been ousted from the Air Force so far. And they have different ranks, different different job responsibilities in the Air Force, a number of them are actually pilots in the Air Force. A group of lawsuit plaintiffs, including four Air Force officers and a Secret Service agent, have asked a federal court to block the Biden administration's coronavirus vaccination mandates,. 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. Fox News U.S. Right? 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. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. Mike Barry: Probably not at the Supreme Court level. Two Service Members Sue Feds Over Military COVID Vaccine - Newsweek 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? 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. Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. 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. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. "It hasn't done it yet. The problem here is that the government is simply unwilling to offer any compromises. Air Force officers, Secret Service agent among those challenging -- Thomas Novelly can be reached at thomas.novelly@military.com. Pfizer-BioNTech Covid-19 vaccine syringes at a vaccination clinic in the Peabody Institute Library in Peabody, Massachusetts, on Jan. 26, 2022. She covers operations, policy, personnel, leadership and other issues affecting service members. The military across the board is discriminating discriminating against people of faith. 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. 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 military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. 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 Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? Similar suits have been brought throughout the country by service members across the military branches. They become the exception and not the norm. 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. In one of many ongoing federal lawsuits challenging COVID-19 vaccine mandates across the country, Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas issued a group . 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. The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. Theyre not following federal law. Judge tosses lawsuit over military vaccination mandate | Coronavirus The vaccine mandate divided Americans and has remained a contentious political issue. The Pentagon has not provided any public updates or said when the formal policy will be issued. The Navy began issuing guidance to sailors earlier this month. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. 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.