Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. 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.. "It hasn't done it yet. But the DoD is just saying Nope, we wont even recognize that we wont even consider it, even though they consider natural immunity for other communicable diseases and infections and things like that. (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. 300aa-10-300aa-44). 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? Jared Serbu: Yeah, theres a ton. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. The number of exemptions has fluctuated over the last several months as some people decided to get the shots or leave the service instead of seeking accommodation. Many religious exemption applications have explained that the service members werent aware of the use of fetal stem cells prior to all of the controversy over the COVID-19 vaccine, but for the purposes of the Religious Freedom Restoration Act, they dont have to explain themselves. Im happy to take that one from you. It took four years and was licensed in 1967. Then in April, the WHO warned that. The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. The fetal cells were not used to produce either vaccine, National Geographic reported last fall. Rabies shots are required only for some service members in certain career fields. Hey you have the Friday night shift, right? 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. CBC News reached out multiple times to Galati, who is listed as the spokesperson for the lawsuit in a press release issued by Vaccine Choice Canada. Attorneys for the unvaccinated Navy personnel argued in briefs to the 5th Circuit that Austins memo and other Defense Department actions show that the Navy still intends to treat unvaccinated personnel like second-class citizens because of their religious beliefs.. President Joe Biden signed the. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. 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. 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. 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. The plaintiffs argue that violates the Religious Freedom Restoration Act and the Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. More:Dark money group targets Oklahoma Gov. Are there major differences here? 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. 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. 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. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. Secretary of the Army Christine Wormuth said in the press release that the service is still, however, encouraging vaccinations. 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? The mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity. Lawmakers expressed frustration with the news . The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. The government has since filed a notice that it plans to appeal the decision. And then if you come back and you say, oh, no, but my exemption is a medical exemption [see Contraindications and Precautions]not a religious exemption, then the military says, Oh, well, in that case, we welcome you with open arms. Theyre usually willing to accept that and say, look, yeah, Im happy to. 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 Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. 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. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. 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 . Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. 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. 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. The military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. 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. This website is not intended for users located within the European Economic Area. The story seems pretty similar to whats going on with these airmen. The decision sets the stage for a future trial or, possibly, the case winding its way up to the Supreme Court. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,OConnor said: As a brief preview, the vaccine mandate fails strict scrutiny. 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. They argue that their. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. 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. Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. 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. 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. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. Another difference is that the VICP is a no-fault compensation program. There is no military exclusion from our Constitution. We are kicking out people by the thousands. But nevertheless, how many, I fly almost on a weekly basis for my job. 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. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. Mike Barry: Probably not at the Supreme Court level. Fox News U.S. 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. The only difference is really is that each branch of the military has their own internal regulations and policies for how they adjudicate these things. 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. Sixty-seven percent of the U.S. population is fully vaccinated. Military service members have. 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 Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. 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. Copyright 2023 Hubbard Radio Washington DC, LLC. On Jan. 7,the Supreme Court is set to hear oral argumentsin a set of high-profile, consolidated cases on the Biden administrations vaccine mandates for private-sector entities with 100 or more employees, and for health care facilities that receive Medicaid and Medicare funding. 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. So if they work Sunday afternoon, or if theyre scheduled to work a particular Sunday afternoon, they say, Well, Im a Sabbath observer on Sundays. And I havent heard of a single Starbucks shutting down. 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. 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. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. The 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. 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. 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. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. 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. Nov. 2, 2021. 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. ", -- Konstantin Toropin contributed to this report. 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. New family, former Corvias employee join lawsuit against Fort . 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. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. 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. 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.. "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". And they recognize that theres almost a presumption of belief. Other federal court challenges to various COVID-19 vaccine mandates are ongoing. This whole thing is really unprecedented, right? 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? 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. They dont offer what are, in the legal speak, we call advisory opinions. 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.. 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. Theres been a lot of great saints that have gone to prison, so Im willing to do that.. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. 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. 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. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. While powerful, that statement isnt true. 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. The Navy has, however, granted medical exemption requests submitted by other personnel. This material may not be published, broadcast, rewritten or redistributed. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. 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,. Only the Johnson & Johnson vaccine is manufactured using fetal cell lines. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. 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. The Florida case began with a Navy and Marine Corps officer in 2021, but has soon ballooned to 36 plaintiffs from all military branches as well as some civilian Defense Department employees. More than 800 unvaccinated service members have been ousted from the Air Force so far. So for example, in a different context, somebody who says that theyre a Sabbath observer, and they cannot work on the Sabbath, but that theyre willing to trade ships with somebody, most of the cases Ive seen, theyre actually willing to take, what most people consider be a less favorable shift. The Navy comes in second with a total of 469 separations, which includes 50 this past week. 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. Our military, I mean, you can open any news feed that you want. 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 . The Air Force number is probably in the same ballpark. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. COVID-19 vaccines are proven to be very safe and effective at preventing COVID-19 hospitalizations and deaths. 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. The Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. For OConnor, the violation ofthe lawwas clear: Defendants have substantially burdened Plaintiffs religious beliefs. The complaint also brings up the issue of Food and Drug Administration licensure. Adam Rawnsley. Im very confident that this case going to the Supreme Court, Mat Staver whose Liberty Counsel represents plaintiffs in the Florida case told Military Times on Tuesday. The first military COVID-19 vaccine mandate will take effect in November. . Just three days later, he issued a far more sweeping order granting 4,095 service members a religious exemption from the COVID vaccine. The Air Force has approved 135 religious exemption requests out of thousands submitted so far. 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. 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. Still, the organization said Covaxin is still a safe and effective product. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. In one of manyongoing federal lawsuitschallenging COVID-19 vaccine mandates across the country, Judge Reed OConnor of the U.S. District Court for the Northern District of Texas issued a group of Navy SEALs and Naval Special Warfare personnel a resounding victory Jan. 3 inU.S. Navy SEALs 1-26 v. Biden. And what if this is political ideology masquerading as as religious piety? Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. Vaccine refusers often state that the use of fetal cell lines in the creation of the shots conflicts with their views on abortion. 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. Assuming, maybe Im assuming too much. Right? And yet were short, were saying that were having a hard time recruiting people. But in terms of the underlying legal issues that are raised, no, theyre exactly the same. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. And is there somewhere else we can assign them where maybe theyre at less risk of of COVID transmission or they start looking at the data, right, the actual CDC data and the COVID day they start look kicking it around and saying, You know what? Mike Barry:No, I think what happens is they become much smaller cases, right? Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. Best listening experience is on Chrome, Firefox or Safari.