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Attorney General O'Connor Sues Over COVID-19 Vaccine Mandate for . Meghann Myers is the Pentagon bureau chief at Military Times. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. 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. Fox News U.S. 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. On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the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. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. A vaccine lawsuit is filed in the U.S. Court of Federal Claims, instead of regular state or federal courts like other drug injury claims. 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 Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. 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. 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. Right? 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. Theyre not following federal law. Theyre not following their own regulations. I know, off the top of my head, the number in the Navy is somewhere near 4,100. In his order, OConnor granted an injunction against the Biden administration and the Department of Defense, preventing them from enforcing the vaccine mandate against any of the named service members who had applied for a religious exemption. There is no military exclusion from our Constitution. 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. Staver, the attorney for the Florida plaintiffs, said his clients have shared their exemption rejection letters, which do not detail specifically why their requests werent approved. The Navy has, however, granted medical exemption requests submitted by other personnel. Otherwise, the courts are going to be flooded with thousands of lawsuits, he said. A Ruling That Could End the Internet as We Know It - The New York Times But their. Military Grants Few Coronavirus Vaccine Exemptions as Deadlines Loom 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. Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. I mean, all of it is just fraught with ideological purpose, and suspected purpose.. 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. Military Vaccine Mandate Lawsuit Filed by 16 Troops - Coffee or Die Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. She covers operations, policy, personnel, leadership and other issues affecting service members. 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. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. Pfizer pushes to intervene in lawsuit seeking COVID vaccine information U.S. Airmen file lawsuit fighting Biden COVID-19 vaccine mandate - WOWT In response to Military.com stating that the COVID-19 "vaccines have some rare side effects, including heart inflammation that has affected at least 22 service members, according to a study from the JAMA Network," an attorney working with U.S. Sen. Ron Johnson, R-Wisconsin, and whistle blowers in the U.S. military are pushing back against . 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. 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 . There was no indication when the judges would rule. 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. 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. The vaccine mandate divided Americans and has remained a contentious political issue. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. 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. However, in a strange turn of events, while Bolsonaro was eating Mickey Mouse-shaped pancakes in Orlando, a group of Bolsonaristas (supporters of Bolsonaro) attacked the Brazilian Supreme Court, Congress, and Presidential Palace in Brasilia and called for a military coup.Lula blamed Bolsonaro personally for the attacks; Moraes quickly moved to suspend Brasilia's governor and security chief . Lawmakers expressed frustration with the news . The story seems pretty similar to whats going on with these airmen. But in terms of the underlying legal issues that are raised, no, theyre exactly the same. The plaintiffs argue that violates the Religious Freedom Restoration Act and the First Amendment. It took four years and was licensed in 1967. 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 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. The lawsuit attempts to overturn Defense Secretary Lloyd Austin's order that active-duty service members are required to receive the COVID-19 vaccine. The Marine Corps confirmed to a California congressman that two of those Marines were preparing to leave the service, while another one is doing a Training With Industry assignment. 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. Another lawsuit, first filed by troops attached to Wright-Patterson Air Force Base, Ohio, has led to temporary protections for around 10,000 active-duty, Active Reserve, reserve and National Guard members of the Air Force and Space Force who requested a religious exemption from the COVID vaccine, although only those who have been denied an exemption would face immediate action. The quickest vaccine ever developed was for mumps. 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. COVID-19 vaccine no longer a mandate for military. What that means for 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 . 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 decision sets the stage for a future trial or, possibly, the case winding its way up to the Supreme Court. Could the Supreme Court strike down the military's vaccination mandate? VICP provides compensation for injuries and deaths caused by 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. COVID-19 vaccine mandate for Air National Guard spurs Oklahoma lawsuit 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. More than 60,000 Army soldiers losing pay, benefits over vaccine And in fact, he said, the exemption process is fraught in and of itself. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. AFLDS has also pushed ivermectin and. They had been told to get certain vaccines or other things without even be notified of a religious objection.. 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,. 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? Federal judge expands exemption to military's COVID-19 vaccine mandate (Susan Walsh/AP, File). ", -- Konstantin Toropin contributed to this report. But there may be good reason for that. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., And they recognize that theres almost a presumption of belief. Jared Serbu: Mike, thanks for being here. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. 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. Adam Rawnsley. Well, what if somebodys not really sincere? Its really the same thing in the military context with this vaccine, where theyre saying, Look, teleworking or, doing a lot of these other measures, right, social distancing, masking, testing, whatever the case might be. Details emerge of Vaccine Choice Canada lawsuit over coronavirus - CBC The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. . 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. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. 300aa-10-300aa-44). 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. 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. A timeline of when vaccines are due was left up to the . Copyright 2023 Hubbard Radio Washington DC, LLC. If you want to swap with me, and they do that through the employer, or their employer offers that. Total exemptions granted in the Air Force included about 1,500 temporary medical exemptions and 2,300 administrative waivers, which includes the nine religious approvals. Have More Military Personnel Died from COVID Vaccines than Disease Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. 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. They become the exception and not the norm. Rachel Cohen joined Air Force Times as senior reporter in March 2021. 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. ), the Washington Post, and others. U.S. Military Service Members with Natural Immunity File Lawsuit over And one of the reasons for that is if they if theyre between the ages of 17 and 23, and theyre not vaccinated, were not even willing to talk to them. And so theyre basically closing off an entire segment of society in a discriminatory manner. The government really cant scrutinize belief very far.. For the Texas case, its more likely those sailors will receive religious exemptions, but that they wont necessarily change the way the military mandates vaccines or reviews exemptions. The fetal cells were not used to produce either vaccine, National Geographic reported last fall. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. Then in April, the WHO warned that. It is not yet clear how the various services will handle pending lawsuits that sprang up in the years following the Pentagon's COVID-19 vaccine mandate. Theyre not pleasant. A dozen U.S. Air Force officers have filed a lawsuit . Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. Thousands of U.S. military defy COVID-19 vaccine order - Los Angeles Times