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. 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. 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.. Theyll accept that alternative and say, okay, you know, Im willing to do that instead. 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. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. 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. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. The Navy comes in second with a total of 469 separations, which includes 50 this past week. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. So that, right now that number is several thousand. What the government will have to prove, in both cases, is that while its granted thousands of medical and administrative exemptions though many of those are temporary that the high bar for approval of religious exemptions is necessary for keeping the force healthy and deployable. There is no military exclusion from our Constitution. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. 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.. Thomas Bruns, a Cincinnati-based attorney with Bruns, Connell, Vollmar & Armstrong representing the service members, told Military.com on Monday that the service members in that case are promised full relief from any harms caused by the mandate. 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,. 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. Need help accessing the FCC Public File due to a disability? 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. Theyre not following their own regulations. In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . Technology Artificial Intelligence Ask the CIO Automation Big Data CIO News Cloud Computing Cybersecurity IT Modernization Open Data/Transparency Reporter's Notebook Defense On DoD Army Navy Air Force It took four years and was licensed in 1967. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. 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. Based on his Roman Catholic Christian faith and absolute opposition to abortion, he cannot accept a vaccine that has been manufactured, or whose efficacy has been tested and proved, using aborted fetal cells, the Florida lawsuit alleges, on behalf of a Coast Guard pilot. 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. The complaint also brings up the issue of Food and Drug Administration licensure. The Florida case, in a 187-page complaint, takes measures much further. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. 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. 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. The Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. 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. 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. 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. 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,. 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. 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. Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. 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? But Im willing to do that. And theyre discriminating against people in the military. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. 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. Were going from a 50-step process to a zero-step process? Duncan asked. Copyright 2023 Military.com. 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. Theyre not following federal law. 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. The suit was initially filed by a group of Navy SEALs but later expanded to include all vaccine-refusing sailors. 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. At 1,038, the Marine Corps leads the military branches for the most separations. I mean, this is quickly becoming a national security issue for our nation. 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. The Texas case has smaller aspirations purposely, Berry said. 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. Meghann Myers is the Pentagon bureau chief at Military Times. 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 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. Underthat law, the government may substantially burden a persons exercise of religion only if it demonstrates that burden is (1) in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that interest. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? The Pentagon directed all the services to "formally rescind any policies, directives, and guidance implementing those vaccination mandates as soon as possible, if they have not already done so," according to a Friday press release. All rights reserved. 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. 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. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. 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. 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 quickest vaccine ever developed was for mumps. 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? But if they eventually get consolidated in the Supreme Court grants cert [writs of certiorari] on something that considers the issue more broadly, would you expect that well get a case or a ruling that goes beyond the narrow issue of vaccines and gives the military some guidance as to how RFRA and broader religious accommodation issues apply to the military? Other service members have struck out on their own to fight the mandate. 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. 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. The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. 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. ", -- Konstantin Toropin contributed to this report. 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 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. The Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. COVID-19 vaccines are proven to be very safe and effective at preventing COVID-19 hospitalizations and deaths. Only the Johnson & Johnson vaccine is manufactured using fetal cell lines. Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. Theyre not pleasant. This whole thing is really unprecedented, right? Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. They become the exception and not the norm. New family, former Corvias employee join lawsuit against Fort . 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. Pfizer's Covid-19 vaccine was developed and cleared for emergency use in eight months a fact . The problem here is that the government is simply unwilling to offer any compromises. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. "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. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. Their lawyers have called a sham with applications being categorically denied., The Defense Department denied the process was onerous and said the Navy has a compelling interest in requiring vaccinations for personnel who often operate for long periods in confined spaces that are ripe breeding grounds for respiratory illnesses.. He spoke with a reporter last Wednesday but did . 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 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 what if this is political ideology masquerading as as religious piety? 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 policy does allow commanders to "implement Health Protection Measures at any time or manner deemed necessary in support of operational safety and effectiveness." 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. Theres been a lot of great saints that have gone to prison, so Im willing to do that.. 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. 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. The Navy began issuing guidance to sailors earlier this month. 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. By The Associated Press WASHINGTON 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. 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 military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. 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. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. 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. "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". 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. 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. 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. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. 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,. There is no COVID-19 exception to the First Amendment. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. 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. And I have yet to hear of a single flight being canceled because there was a COVID outbreak at 30,000 feet. Right? That means that this is quickly becoming a national security concern. Commercial airlines has said, you know what, were gonna lift the mask mandate. Thats really prohibited by the by the courts considering these types of cases. 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 government has since filed a notice that it plans to appeal the decision. When they inquired about seeking religious accommodation for the vaccine, the Navy informed many of them that they could face court-martial or involuntary separation if they refused to take the vaccine. 3 min read POINT PLEASANT, NJ A U.S. Marine from Point Pleasant who was discharged. Similar suits have been brought throughout the country by service members across the military branches. 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. 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. 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. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. Nov. 2, 2021. 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. 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 Daily Signal is the news outlet of The Heritage Foundation.). The military across the board is discriminating discriminating against people of faith. OConnor ruled that the blanket denial of their religious waiver requests amounted to a violation of the service members rights under the First Amendment andthe Religious Freedom Restoration Act. President Joe Biden signed the. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. Right? And in one instance, I saw one of the head people for recruiting in the military said, Were having a really hard time identifying, basically people who are eligible to serve in the military. How large is the class? 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.