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. Lawsuits over military vaccine mandate to continue despite DOD Ross said such questions were speculative and not at issue in the case before the court. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. 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.. All rights reserved. If the court certifies the class does the class become all unvaccinated airmen or everyone whos been denied a religious exemption? Could Florida case strike down the military's vaccination mandate? Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. Theyll accept that alternative and say, okay, you know, Im willing to do that instead. All rights reserved. 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. Military Vaccine Mandate Lawsuit Filed by 16 Troops - Coffee or Die 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. Military Grants Few Coronavirus Vaccine Exemptions as Deadlines Loom And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. And lets start by talking a bit about your clients, where they are in the Air Force vaccine exemption process and what led you to file the suit? 300aa-10-300aa-44). 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. 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. A 5th Circuit panel rejected the Biden administrations request to block the judges order. They argue that their. The story seems pretty similar to whats going on with these airmen. Air Force discharges 27 for refusing to get COVID vaccine : NPR - NPR.org The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. Still, the organization said Covaxin is still a safe and effective product. 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 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. Quite the contrary, they view life whether their own or that of their fellow servicemembers as sacred and deserving protection.. 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. 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. 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. Produced by Will Reid , Rob Szypko . Mike Barry: Probably not at the Supreme Court level. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. 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. Theres been a lot of great saints that have gone to prison, so Im willing to do that.. 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. Theyre not following their own regulations. This material may not be published, broadcast, rewritten or redistributed. 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 . 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. The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. Compensation Programs for Potential COVID-19 Vaccine Injuries - Congress The Florida filing also spends much more time on the biographies of the complainants. Rachel Cohen joined Air Force Times as senior reporter in March 2021. 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. 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. 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. Copyright 2023 Hubbard Radio Washington DC, LLC. President Joe Biden signed the. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. Jared Serbu: Yeah, theres a ton. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. The government has since filed a notice that it plans to appeal the decision. House Republicans warn about loss of public trust after COVID lockdowns The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. 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. They are, theyre ignoring the law, theyre ignoring the Constitution. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. 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. 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. And both lawsuits include arguments that the plaintiffs prayed on the issue and came to the conclusion that vaccination would violate their principles. Night shifts arent popular, especially on Friday night, and things like that. The new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. Same thing on airplanes, right? WASHINGTON The Air Force has discharged 27 people for refusing to get the COVID-19 vaccine, making them what officials believe are the first service members to be removed for disobeying the. Eglin AFB officers part of federal court challenge to military COVID death from COVID-19 vaccines administered after the declaration ends would be addressed in court under tort law unless the COVID-19 vaccines are added to the National Vaccine Injury Compensation Program (VICP; 42 U.S.C. Well, what if somebodys not really sincere? 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. 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. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. Brazil's Emerging Judicial Dictatorship The Navy on Wednesday announced it had granted one waiver to a member of the Individual Ready Reserve, a non-drilling service member, who would have to get vaccinated should he or she come on orders. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. 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. 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. The lawsuit filed by Air Force members and other federal employees claims that "the US Constitution and numerous federal laws make it unlawful to compel persons to be vaccinated." The plaintiffs. The Pfizer and Moderna COVID-19 vaccines do not need fetal cell lines for development or production but were tested on fetal cell lines replicated from a fetus aborted in the 1970s to ensure their efficacy. The Supreme Court is historically, they only address the legal issues that are brought before them, right. You can't sue Pfizer or Moderna if you have severe Covid vaccine side Alleged spikes in medical conditions among the military after COVID-19 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. -- Thomas Novelly can be reached at thomas.novelly@military.com. The Texas case has smaller aspirations purposely, Berry said. I think one of the militarys concerns is whats the limiting principle here? COVID19 vaccine mandate to end for military - fayobserver.com And what if this is political ideology masquerading as as religious piety? Troops who refused COVID vaccine still may face discipline The latest data from the military show that roughly 30,000 active-duty service members remain unvaccinated against COVID-19, despite a Defense Department mandate issued in August and deadlines. They had been told to get certain vaccines or other things without even be notified of a religious objection.. 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 Florida case, in a 187-page complaint, takes measures much further. 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. Commercial airlines has said, you know what, were gonna lift the mask mandate. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. COVID-19 vaccine mandate for Air National Guard spurs Oklahoma lawsuit Its just under 4,100. 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. ", -- Konstantin Toropin contributed to this report. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. But there may be good reason for that. Judge Blocks Military Vaccine Mandate Again, Dares Supreme Court to Editors note: This story has been updated with information from the hearing. The Pentagon has not provided any public updates or said when the formal policy will be issued. 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. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block 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? 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. 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. Marine Corps Exceeds 1,000 COVID-19 Vaccine Separations, Navy at 469 Nearly 1,500 more people are exempt for medical or administrative reasons, such as severe allergic reactions or upcoming retirement. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. Need help accessing the FCC Public File due to a disability? U.S. Pushes Back Against Military Vaccine Mandate Lawsuit Other service members have struck out on their own to fight the mandate. 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. 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. Soldier, Marine lawsuit challenges mandatory COVID - Army Times Johnson & Johnson uses cells replicated from a fetus aborted in 1985 to produce its vaccine, but those cells are filtered out from the final product. 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. 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. If you want to swap with me, and they do that through the employer, or their employer offers that. The goal, representatives for the plaintiffs say, is to at least secure religious exemptions for their clients, but potentially see a Supreme Court ruling that would apply to all service members. That leaves around 14,400 airmen and guardians less protected in the COVID-19 pandemics third year. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. 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. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. 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.. Bill Would Force Military To Reinstate Those Who Refused COVID Vaccine And yet were short, were saying that were having a hard time recruiting people. 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Peter Hill: Stats shown illness up in the military after COVID vaccine 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. Mike Berry, general counsel for First Liberty Institute,said: Forcing a service member to choose between their faith and serving their country is abhorrent to the Constitution and Americas values . Navy quietly rolled back punishments for SEALs seeking religious 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. But in terms of the underlying legal issues that are raised, no, theyre exactly the same. 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.. "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". Military Services Will Amend COVID Vaccine Refuser Records So They Aren The lawyers for the biggest lawsuit against the service said that, after the Navy's policy change on deployment, they were "still assessing the impact of this policy on our Navy SEAL clients and more than 4000 class members," according to a statement released Thursday night. 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