"Marines will defer to Combatant Command policies regarding deployments.". 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. 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It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. "It hasn't done it yet. 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. 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. Soldier, Marine lawsuit challenges mandatory COVID - Army Times Federal judge expands exemption to military's COVID-19 vaccine mandate Commercial airlines has said, you know what, were gonna lift the mask mandate. Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. ), the Washington Post, and others. 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. Judge tosses lawsuit over military vaccination mandate | Coronavirus The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Military officials announced this week that, after months of warnings, they have . 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. 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. 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. Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. Troops who refused COVID vaccine still may face discipline Staver believes the Florida case case has a good chance of making it to the Supreme Court, potentially invalidating all government mandates for COVID-19 vaccination. Are there major differences here? 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. COVID-19 vaccine no longer a mandate for military. What that means for Other federal court challenges to various COVID-19 vaccine mandates are ongoing. Secretary of the Army Christine Wormuth said in the press release that the service is still, however, encouraging vaccinations. 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. 16Jan23 FAA's Feeble Lie Denying the Hack That Grounded ALL There are some notable caveats. Subscribe on PodcastOne or Apple Podcasts. Same thing on airplanes, 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. 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. Lawsuits over military vaccine mandate to continue despite DOD And that is textbook discrimination, 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. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. 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. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. More:Dark money group targets Oklahoma Gov. 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. 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. 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. 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 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. Similar suits have been brought throughout the country by service members across the military branches. 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. Military Grants Few Coronavirus Vaccine Exemptions as Deadlines Loom COVID19 vaccine mandate to end for military - fayobserver.com Im happy to take that one from you. Jared Serbu: Yeah, theres a ton. Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? 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. On Tuesday, a federal judge granted an injunction against discipline of an Air Force officer whose religious exemption had been denied. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. More than 60,000 Army soldiers losing pay, benefits over vaccine NC Marine and soldier sue to block military's COVID-19 vaccine mandate 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. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . This website is not intended for users located within the European Economic Area. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. 2:41 . 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? They argue that their. Its just under 4,100. The Army also announced in a Friday press release that ongoing reviews of COVID vaccine exemption requests, records of soldiers who requested COVID vaccine exemptions, vaccine requirements for accessions or pre-commissioning programs, and travel restrictions based solely on COVID vaccination status will be removed or amended. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. The vaccine mandate divided Americans and has remained a contentious political issue. The Supreme Court is historically, they only address the legal issues that are brought before them, right. Bill Would Force Military To Reinstate Those Who Refused COVID Vaccine US troops refusing the COVID-19 vaccine: What happens to them? Jared Serbu: Got it. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. 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,. Theyre usually willing to accept that and say, look, yeah, Im happy to. A timeline of when vaccines are due was left up to the . 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. Details emerge of Vaccine Choice Canada lawsuit over coronavirus - CBC 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. 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. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. Those records are supposed to be cleared by March 31, according to the guidance. 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 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. Here's the Army rule for vaccine refusals, which service leaders All rights reserved. Eglin AFB officers part of federal court challenge to military COVID Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. 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. 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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. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. 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? 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. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. 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. 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. 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. The Navy already denied these exemptions, but O'Connor. The Florida filing also spends much more time on the biographies of the complainants. Copyright 2023 Hubbard Radio Washington DC, LLC. How large is the class? Lawmakers expressed frustration with the news . The policy does allow commanders to "implement Health Protection Measures at any time or manner deemed necessary in support of operational safety and effectiveness." And they recognize that theres almost a presumption of belief. 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? 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. You got a preliminary injunction in that case and a favorable ruling from the Fifth Circuit. They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. 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. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. It took four years and was licensed in 1967. WASHINGTON (AP) A bill to rescind the COVID-19 vaccine mandate for members of the U.S. military and provide nearly $858 billion for national defense passed the House on Thursday as. Overall, scientific evidence indicates that the benefits of vaccines largely . 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. 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. Pfizer's Covid-19 vaccine was developed and cleared for emergency use in eight months a fact . Were going from a 50-step process to a zero-step process? Duncan asked. Department of Justice seeks dismissal of military vaccine lawsuit There was no indication when the judges would rule. The Air Force number is probably in the same ballpark. This website is not intended for users located within the European Economic Area. The group includes 14 men and two women. 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 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. 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. And in fact, he said, the exemption process is fraught in and of itself. So that, right now that number is several thousand. 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. Military's COVID-19 vaccine mandate lifted, but litigation lingers Service members file lawsuit over Pentagon's coronavirus vaccine 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. The government really cant scrutinize belief very far.. 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 . 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. ", -- Konstantin Toropin contributed to this report. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. And well be back week after week.. Biden appointee behind unlawful military vaccine mandate to step down. Another plaintiff is fighting in court after trying to retire one alternative to vaccination the Air Force offered. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023 More than 800 unvaccinated service members have been ousted from the Air Force so far. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. 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. 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. (The Daily Signal is the news outlet of The Heritage Foundation.). 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. "Former Soldiers may petition the Army Discharge Review Board and the Army Board for Correction of Military Records to request corrections to their records," the service's press release said. The Florida case, in a 187-page complaint, takes measures much further. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. 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. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. 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 mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity. Feb. 23, 2023. Judge grants relief to Navy SEALs who refused coronavirus vaccine, sued 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 military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. . On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the emergency use authorization COVID-19 shots or face discharge and other disciplinary measures. 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. Meghann Myers is the Pentagon bureau chief at Military Times. The latest data from the military show that roughly 30,000 active-duty service members remain unvaccinated against COVID-19, despite a Defense Department mandate issued in August and deadlines. More than 1 million Americans have died from COVID-19 since the virus began spreading in December 2019, and the U.S. has recorded around 89 million cases. 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 Navy lawsuit is one of several ongoing legal challenges to the military branches' policies on religious exemptions to the DoD COVID-19 vaccine mandate. A dozen U.S. Air Force officers have filed a lawsuit . All rights reserved. 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. The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. 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.