Only the Johnson & Johnson vaccine is manufactured using fetal cell lines. 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. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. They argue that their. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. 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. 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 . Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . More:Dark money group targets Oklahoma Gov. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. All rights reserved. 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. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. 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. 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.. 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. "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. 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. 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. A 5th Circuit panel rejected the Biden administrations request to block the judges order. Ryan Bruce, a Marine Corps spokesman, told Military.com. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. To date, no members of the Army or Space Force have received a religious exemption, though nine airmen and three Marines have been approved. Feb. 23, 2023. Theyre not following federal law. The Air Force has approved 135 religious exemption requests out of thousands submitted so far. Im happy to take that one from you. Two Eglin Air Force base officers are among the plaintiffs in a federal lawsuit challenging the COVID-19 vaccine mandate for U.S. military personnel. The military across the board is discriminating discriminating against people of faith. 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. 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. All rights reserved. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. 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. While powerful, that statement isnt true. Mike Barry is senior counsel at First Liberty Institute, a nonprofit legal group that focuses on religious liberty issues. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. 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. US Military To Face COVID-19 Vaccine Lawsuit February 18, 2023. In the Navy, none of more than 4,000 religious exemptions had been approved, but there were about 252 temporary and 11 permanent medical exemptions. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. 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. There are fresh concerns that public support for ongoing military assistance may be waning. The group includes 14 men and two women. We are kicking out people by the thousands. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . 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. 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 population of people seeking religious accommodations now is fairly small.. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. Both cases are in a wait-and-see phase, where judges have granted injunctions against any discipline for vaccine refusal while the government responds to requests for information. 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. 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,. And yet they say, you know what, we now believe that its okay, for our employees to not be vaccinated, its okay for our customers to not be vaccinated. I know, off the top of my head, the number in the Navy is somewhere near 4,100. 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. The plaintiffs argue that violates the Religious Freedom Restoration Act and the First Amendment. 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. More than 800 unvaccinated service members have been ousted from the Air Force so far. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 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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. 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. 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. 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. 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. Are there major differences here? . Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. 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 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. 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? They are, theyre ignoring the law, theyre ignoring the Constitution. 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 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. And yet people who work and I mean, youre coming in very close proximity with thousands of people per day, hundreds of people per hour. 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 . 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? The Texas case has smaller aspirations purposely, Berry said. Other federal court challenges to various COVID-19 vaccine mandates are ongoing. The government really cant scrutinize belief very far.. I mean, this is quickly becoming a national security issue for our nation. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. 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. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. 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. How large is the class? The Catholic Churchs policy on derived fetal cells has been clear for decades: the sin of abortion is so far removed in pharmaceutical development that a Catholic is not violating any principles by getting vaccinated. This material may not be published, broadcast, rewritten or redistributed. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. 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. Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . 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. Our military, I mean, you can open any news feed that you want. The vaccine mandate divided Americans and has remained a contentious political issue. 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? Telling Plaintiffs they must accept or receive a shot they oppose according to their sincerely held religious beliefs, or face court martial, dishonorable discharge, and other life altering disciplinary measures, disgraces the sacrifices these heroes have made, according to the lawsuit. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. The Florida filing also spends much more time on the biographies of the complainants. But although the Air Force has approved hundreds of medical and administrative exemptions, they have only approved a very small handful of religious exemptions and even the ones that theyve approved by their own admission, they are only for Air Force members who are basically already separating or are already on their way out. All told the lawsuit includes 26 SEALs from the original complaint, plus five special warfare combatant crewmen, five divers and one explosive ordnance disposal technician who joined the case in late January. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. 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. The fetal cells were not used to produce either vaccine, National Geographic reported last fall. 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. Other service members have struck out on their own to fight the 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. But there may be good reason for that. 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. 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. (Susan Walsh/AP, File). And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. Kevin Stitt with Fox News ads -- Thomas Novelly can be reached at thomas.novelly@military.com. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. The government responded to the lawsuit by pointing out that immunization requirements are common in the military beginning with the Continental Army under George Washington and that vaccines and are essential to preventing the transmission of diseases in close quarters. Rachel Cohen joined Air Force Times as senior reporter in March 2021. 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. Copyright 2023 Military.com. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. 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 . Earlier in the case: Eglin AFB officers part of federal court challenge to military vaccine mandate Related:Motion to halt military COVID-19 vaccine mandate fails; federal trial date set The 18 . 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. This website is not intended for users located within the European Economic Area. And they have different ranks, different different job responsibilities in the Air Force, a number of them are actually pilots in the Air Force. Plaintiffs sincerely held religious beliefs that their bodies are temples of the Holy Spirit and that they are to glorify God with their bodies lays the foundation for everything they do, consume, or inject into their bodies, according to the Florida lawsuit. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. Yes, many of them have brought that and its a rubber stamp rejection, he said. The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. Night shifts arent popular, especially on Friday night, and things like that. The Navy began issuing guidance to sailors earlier this month. The service branches must notify the Pentagon that they've made the changes no later than March 17. Biden appointee behind unlawful military vaccine mandate to step down. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. 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. 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. Subscribe on PodcastOne or Apple Podcasts. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". 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. 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. 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.. 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. All rights reserved. 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 . In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. Jared Serbu: Mike, thanks for being here. Commercial airlines has said, you know what, were gonna lift the mask mandate. "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". 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. A federal judge in Cincinnati has expanded a temporary exemption to a Department of Defense COVID-19 vaccine mandate to cover thousands of service members in the U.S. Air Force and Space Force,. 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. 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. Same thing on airplanes, right? Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. 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? 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. 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.
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