covid vaccine military lawsuit

Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. 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. The . A timeline of when vaccines are due was left up to the . Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. 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. Our lawsuit is certainly centered on religious exemption, but our lawsuit is broader than that to block the mandate in general of a non-FDA approved product, Staver said. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,OConnor said: As a brief preview, the vaccine mandate fails strict scrutiny. About 97% of the Department of the Air Force is fully vaccinated, though a larger share of active duty airmen and guardians have gotten the jab compared to their Guard and Reserve counterparts. There was no indication when the judges would rule. Ryan Bruce, a Marine Corps spokesman, told Military.com. 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. 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. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. The Florida filing also spends much more time on the biographies of the complainants. 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. 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,. 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. COVID-19 vaccines are proven to be very safe and effective at preventing COVID-19 hospitalizations and deaths. 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. This whole thing is really unprecedented, right? DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. 3 min read POINT PLEASANT, NJ A U.S. Marine from Point Pleasant who was discharged. 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. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. The service branches must notify the Pentagon that they've made the changes no later than March 17. This material may not be published, broadcast, rewritten or redistributed. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. Well, what if somebodys not really sincere? 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The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. Fox News U.S. Given the prevailing public health guidelines and the state of the virus, there is currently no intention to require universal vaccination of all service members, Ross said. There are fresh concerns that public support for ongoing military assistance may be waning. Pfizer Inc wants to intervene in a Texas federal lawsuit seeking information from the U.S. Food and Drug Administration used in licensing the company's COVID-19 vaccine, a litigation move that . I think that a process that is not a sham looks a little bit something like the military regardless of what branch were talking about, takes an honest look and says okay, what is this persons job or their function? Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. The Air Force has approved 135 religious exemption requests out of thousands submitted so far. Members of the U.S. military who haven't been vaccinated against COVID-19 are starting to face the consequences. 2:41 . Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. Copyright 2023 Military.com. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. 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Right? And they have different ranks, different different job responsibilities in the Air Force, a number of them are actually pilots in the Air Force. (The Daily Signal is the news outlet of The Heritage Foundation.). Copyright 2023 Hubbard Radio Washington DC, LLC. Other service members have struck out on their own to fight the mandate. 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. 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. 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. Assuming, maybe Im assuming too much. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. 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. 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. That means that this is quickly becoming a national security concern. 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. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. 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. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. He spoke with a reporter last Wednesday but did . 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. Adam Rawnsley. There is no COVID-19 exception to the First Amendment. 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 fetal cells were not used to produce either vaccine, National Geographic reported last fall. 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. Ross said such questions were speculative and not at issue in the case before the court. Those records are supposed to be cleared by March 31, according to the guidance. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. 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Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. Mike Barry:No, I think what happens is they become much smaller cases, right? Religious freedom laws are set up to avoid a circumstance where the Navy, or the military or the government, is doing a faith test, to determine whether or not you really believe what youre supposed to believe, Griffin said. 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. I know, off the top of my head, the number in the Navy is somewhere near 4,100. Most of the plaintiffs express some sort of Christian faith, though the vast majority of denominations have no formal ban on vaccination. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 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. I think one of the militarys concerns is whats the limiting principle here? Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. And our clients are, theyre stationed in various locations, quite a few of them are here in Texas. 2:14:14 Pentagon exploring back pay for troops kicked out of military over 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. 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. President Joe Biden signed the. They dont offer what are, in the legal speak, we call advisory opinions. In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. The Navy has, however, granted medical exemption requests submitted by other personnel. The Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. Need help accessing the FCC Public File due to a disability? The Navy SEALS filed their lawsuit in November of 2021, describing what they saw as a cumbersome 50-step process to obtain religious exemptions for the COVID-19 vaccine. And at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. Court documents show that two plaintiffs in Doster v. Kendall took the two-dose Covaxin vaccine, created in India, to comply with the Pentagons requirement. Best listening experience is on Chrome, Firefox or Safari. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. 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. 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. 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. 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. 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 . Mike Barry: Probably not at the Supreme Court level. 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. Any sailors who submitted a religious exemption for the COVID-19 vaccine can continue in the Navy under the injunction, according to NAVADMIN 102/22. Just because of the just incredibly political nature of, of all of it, from the virus to the vaccine to the mandates, Marshall Griffin, a retired Coast Guard judge advocate who now practices privately, told Military Times on Monday. Two staff sergeants, one Army, one Marine, have filed a lawsuit against three federal agencies, challenging plans to conduct mandatory COVID-19 vaccinations of military troops. We are kicking out people by the thousands. Pfizer-BioNTech Covid-19 vaccine syringes at a vaccination clinic in the Peabody Institute Library in Peabody, Massachusetts, on Jan. 26, 2022. They had been told to get certain vaccines or other things without even be notified of a religious objection.. Plaintiffs do not believe that staying true to their faith means exposing themselves or others to unnecessary risk, according to the filing. Trident Order #12 also implemented the COVID-19 vaccine mandate at the command level for Naval Special Warfare forces, setting a deadline of compliance for October 17, 2021," the SEALs' legal team . 11. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. The problem here is that the government is simply unwilling to offer any compromises. According data submitted in the Florida case on Feb. 8: The services have declined to provide any details about the circumstances of the religious approvals, but both lawsuits allege that at least one of those Marines is due to leave service later this year. Mike Barry: I think theres almost 30 now. While vials contain the same formula, some have made the argument that because providers are still giving the emergency-use Pfizer version, no one can be compelled to get vaccinated until the Comirnaty-labeled vials are in circulation. The 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. 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. The lawsuit is one of two that have grabbed headlines in recent months, as the military has imposed mandatory vaccination deadlines that have since lapsed for all of the services and their components, save the Army National Guard and Army Reserve. 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 . Commercial airlines has said, you know what, were gonna lift the mask mandate. 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. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. How large is the class? 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. . 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. 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? 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. 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 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. 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 story seems pretty similar to whats going on with these airmen. 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. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. A 5th Circuit panel rejected the Biden administrations request to block the judges order. The Texas case has smaller aspirations purposely, Berry 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. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. 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 . But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. "I am proud of the efforts the Department of the Army has taken to respond to the COVID-19 pandemic," Wormuth said. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. 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. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. The Texas lawsuit argues that the Navy Department is blanketly denying all religious requests, making the process a sham. 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. 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 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. 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.. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. 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. The Florida case, in a 187-page complaint, takes measures much further. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. The complaint also brings up the issue of Food and Drug Administration licensure. 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.. 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? This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. 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.

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