Military's COVID-19 vaccine mandate lifted, but litigation lingers 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 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. 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. 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. If the court certifies the class does the class become all unvaccinated airmen or everyone whos been denied a religious exemption? Lawyers are waiting to see if a federal court in Georgia will stop the vaccine mandate nationwide through another class-action preliminary injunction as well. The U.S . Lawmakers expressed frustration with the news . 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. There was no indication when the judges would rule. 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. House passes defense bill ending COVID-19 vaccine mandate for service The Navy began issuing guidance to sailors earlier this month. 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. Its just under 4,100. Nov. 2, 2021. Best listening experience is on Chrome, Firefox or Safari. 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. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. 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. The first military COVID-19 vaccine mandate will take effect in November. 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. I think one of the militarys concerns is whats the limiting principle here? 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 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. Theyre not following federal law. However, in a strange turn of events, while Bolsonaro was eating Mickey Mouse-shaped pancakes in Orlando, a group of Bolsonaristas (supporters of Bolsonaro) attacked the Brazilian Supreme Court, Congress, and Presidential Palace in Brasilia and called for a military coup.Lula blamed Bolsonaro personally for the attacks; Moraes quickly moved to suspend Brasilia's governor and security chief . The decision sets the stage for a future trial or, possibly, the case winding its way up to the Supreme Court. 300aa-10-300aa-44). 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 service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. The law says that sincerely held religious beliefs are to be taken at face value. 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. 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. All rights reserved. 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. The Texas case has smaller aspirations purposely, Berry said. Their objections to the vaccine fall into one of four categories, according to their complaint, including opposition to abortion and the use of fetal cell lines in pharmaceutical development, belief that body modification violates their religious principles, direct, divine instruction not to receive the vaccine, or declining to inject trace amounts of animal cells into ones body.. 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. Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. Another lawsuit, first filed by troops attached to Wright-Patterson Air Force Base, Ohio, has led to temporary protections for around 10,000 active-duty, Active Reserve, reserve and National Guard members of the Air Force and Space Force who requested a religious exemption from the COVID vaccine, although only those who have been denied an exemption would face immediate action. And at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. 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. 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? Here's the Army rule for vaccine refusals, which service leaders Meghann Myers is the Pentagon bureau chief at Military Times. 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. 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. 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 Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. Staver, the attorney for the Florida plaintiffs, said his clients have shared their exemption rejection letters, which do not detail specifically why their requests werent approved. U.S. Military Service Members with Natural Immunity File Lawsuit over 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. Military Services Will Amend COVID Vaccine Refuser Records So They Aren Mike Barry:No, I think what happens is they become much smaller cases, right? 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. Judge Blocks Military Vaccine Mandate Again, Dares Supreme Court to Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. 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. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". 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. Of course, that came because of a federal judges ruling. It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said. 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. Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. 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. Could Florida case strike down the military's vaccination mandate? Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. 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. 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. Ryan Bruce, a Marine Corps spokesman, told Military.com. Most of the plaintiffs express some sort of Christian faith, though the vast majority of denominations have no formal ban on vaccination. You got a preliminary injunction in that case and a favorable ruling from the Fifth Circuit. National Vaccine Lawsuit Injury Attorney - Carlson Law Firm 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. They become the exception and not the norm. Copyright 2023 Military.com. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. Court Delivers Win to Military Members Denied Religious Exemptions From 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. Military Grants Few Coronavirus Vaccine Exemptions as Deadlines Loom 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. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. 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.. 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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 . Troops who refused COVID vaccine still may face discipline The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. 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. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. Soldier, Marine lawsuit challenges mandatory COVID - Army Times 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. 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. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. Thats really prohibited by the by the courts considering these types of cases. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. None of the plaintiffs clarify whether they engage in any other behavior that might be seen as a desecration of that temple, whether its alcohol, drugs, unprotected sex or in the case of the Old Testament tattoos and piercings. House Republicans warn about loss of public trust after COVID lockdowns Pfizer pushes to intervene in lawsuit seeking COVID vaccine information 11. AFLDS has also pushed ivermectin and. 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. Bill Would Force Military To Reinstate Those Who Refused COVID Vaccine 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. 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. Government lawyers argue the policy is in line with well-established principles of judicial noninterference with core military decision making, in their briefs. The Florida filing also spends much more time on the biographies of the complainants. There is no COVID-19 exception to the First Amendment. Troops who refused COVID vaccine still may face discipline But there may be good reason for that. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? New data is out on COVID vaccine injury claims. What's to make of it? 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. More than 60 service members have joined lawsuits against the U.S. government, alleging that the militarys process for awarding religious vaccine exemptions is a sham. 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. And in fact, he said, the exemption process is fraught in and of itself. The military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. 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. 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. -- Thomas Novelly can be reached at thomas.novelly@military.com. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. (The Daily Signal is the news outlet of The Heritage Foundation.). The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. Thousands of U.S. military defy COVID-19 vaccine order - Los Angeles Times The Navy already denied these exemptions, but O'Connor. The Navy has, however, granted medical exemption requests submitted by other personnel. Another claimant, a Muslim Marine Corps captain, who said that his religious beliefs that require him to abstain from participation in that which is haram forbidden including the destruction and commoditization of innocent human life as exemplified by the use of human fetal cell lines derived from abortions, according to the lawsuit. In response to Military.com stating that the COVID-19 "vaccines have some rare side effects, including heart inflammation that has affected at least 22 service members, according to a study from the JAMA Network," an attorney working with U.S. Sen. Ron Johnson, R-Wisconsin, and whistle blowers in the U.S. military are pushing back against . (Susan Walsh/AP, File). 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. 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. Pfizer-BioNTech Covid-19 vaccine syringes at a vaccination clinic in the Peabody Institute Library in Peabody, Massachusetts, on Jan. 26, 2022. There are fresh concerns that public support for ongoing military assistance may be waning. And so of course, that means you have to bring different lawsuits on behalf of people, depending on what branch of the military that theyre in. 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? Rabies shots are required only for some service members in certain career fields. 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 vaccine mandate divided Americans and has remained a contentious political issue. US Military has approved religious exemptions to vaccine mandate - CNN And theyre discriminating against people in the military. Complainants push back on the militarys position that remaining unvaccinated endangers the force and undermines national security, since the vast majority of troops have received all of a one- or two-shot regimen. 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. "It hasn't done it yet. They are, theyre ignoring the law, theyre ignoring the Constitution. Im happy to take that one from you. 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 though Bidens vaccine mandate for military personnel has been rescinded. Another plaintiff is fighting in court after trying to retire one alternative to vaccination the Air Force offered. 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. Plaintiffs do not believe that staying true to their faith means exposing themselves or others to unnecessary risk, according to the filing. Biden appointee behind unlawful military vaccine mandate to step down. Because of those peoples religious beliefs and religious convictions. Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. The service branches must notify the Pentagon that they've made the changes no later than March 17. 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. 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.