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. 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. 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. 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. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. WASHINGTON (AP) 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 Thursday as. 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? 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 . Lawyers for a group of Navy SEALS and other Navy personnel who refuse to be vaccinated for religious reasons told a 5th U.S. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, he said. 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. And at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. 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. Military Services Will Amend COVID Vaccine Refuser Records So They Aren't Passed Over for Promotions, UN Nuclear Head Meets With Iranians Amid Enrichment Concerns, Philippine Governor, 5 Others Killed in Brazen Attack, China: Defense Boost to Meet 'Complex Security Challenges', Biden and Scholz: US, Germany in 'Lockstep' on Ukraine War, Air Mobility Command Removes Tail Numbers and Unit Info from Planes, Alarming Watchdogs, All Combat-Injured Vets Would Keep Their Full Retirement, Disability Pay Under Proposal, Better Housing, Health Care, Pay and a Call for National Service Needed to Buoy Recruitment, Enlisted Chiefs Say, 2 Commanders Among 6 Fired from Jobs at Minot Air Force Base, Veterans' Emergency Room Bills Could Get Repaid by VA Thanks to Change, The Pentagon Is Behind on Issuing Policy to Allow Cadets Who Have Kids to Remain at Service Academies, The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything, the service lifted its policy of banning unvaccinated sailors, Navy Lifts COVID-19 Vaccine Requirement for Deployments, The Personally Procured Move (PPM): Steps to Take, Service Members Get Special Rental and Eviction Protection, The Servicemembers Civil Relief Act - SCRA, Paris Davis, Black Green Beret in Vietnam, Finally Awarded Medal of Honor at White House, Ex-Army Private Gets 45 Years for Plot Against His Unit, Ohio Guard Quietly Removed Guardsman Guilty of Making Ghost Guns Last Year, Some Neck and Hand Tattoos OK for Airmen and Guardians Under New Policy Aimed at Helping Recruiting, Nuclear Base Fired 6 Service Members Over Failed Safety Inspection, Defense Official Says, Hawaii Congressional Delegation Asks IRS to Exempt Red Hill Families, Navy Seabee Battalion Honored in Decommissioning Ceremony, Is Deactivated After 80 Years of Building and Fighting, Navy Investigating 3 Instances of 'Hate Symbols' Aboard Destroyer, Health Net Protests $65.1 Billion Tricare Contract Award, Tricare Dental Program to Expand Choice of Carriers Under New Law, Veterans Group Pushes Cap on Attorney Fees in Camp Lejeune Water Cases Despite Political Divide on Limits, Disabled Vets Post Stunning Job Gains as Economy Remains Hot Despite Inflation, Marine Corps Axes Elite Scout Sniper Platoons, Coast Guard Relieves Commander Following Deadly Collision, Coast Guard Swimmer Recounts Dramatic Rescue of Alleged Oregon Yacht Thief and Goonies Prankster, Coast Guard Gulf of Mexico Rescue to Be Chronicled in Survival Thriller Movie, Celebrated Pearl Harbor Survivor Jack Holder Lived Large for Those Who Didn't Make It, 'Dead Space' Remake Gets Everything Right, Army Veteran Wayne Shorter Was a Titan of Jazz. 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. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. The Department of the Air Force, which also issues guidance for the Space Force, has detailed it will be rescinding letters of admonishment, counseling or reprimand; records of individual counseling; nonjudicial punishments; and current involuntary discharge proceedings connected to vaccine refusal. The three coronavirus vaccines currently available in the United Statesthe Pfizer-BioNTech, Moderna, and, as of Saturday, the Johnson & Johnson versionsare approved on "emergency use. President Ferdinand Marcos Jr. condemned the mid-morning attack. DoD, for its part, settled its own policy with a memo from Assistant Defense Secretary for Health Affairs Terry Adirim last fall. The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. The NAVADMIN, referencing the injunction, prevents adverse action against sailors who will not get the COVID-19 vaccine and submitted a religious exemptions request. 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. Copyright 2023 Hubbard Radio Washington DC, LLC. The vaccine mandate divided Americans and has remained a contentious political issue. On Tuesday, a federal judge granted an injunction against discipline of an Air Force officer whose religious exemption had been denied. 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? Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. 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 first military COVID-19 vaccine mandate will take effect in November. 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. 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. 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. Read all Military Times coverage of the COVID-19 pandemic here, Tens of thousands of part-time soldiers face discharge for missing COVID vax deadline, Federal judge shields another unvaccinated airman from punishment, New vaccine may be option for troops with religious concerns, Bids to weaken military COVID vaccine mandate stall in Congress, Veterans Affairs drops mask requirement for all agency medical offices, Officials OK some hand and neck tattoos for airmen, Guardians, Perennial pilot shortage puts Air Force in precarious position, Healthy eating on a budget for busy military spouses, The impossible choice facing many of Americas military families, Tax scams How to report them Money Minute, Capitol Hill weighs action on two controversial topics: medical marijuana and abortion, Lockheed wins hypersonics contract | Defense Dollars, Go inside a secret nuclear fallout bunker sealed for decades, Another Air Force fleet grounded over fears plane tails may fall off, Pentagon orders engine vibration fix for entire F-35 fleet worldwide, Minot firings due to failed nuclear safety inspection, Air Force advisers study use of satellites for tracking moving targets. (The Daily Signal is the news outlet of The Heritage Foundation.). Mike Barry: Probably not at the Supreme Court level. 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. The lawsuit emerges as the latest development in an ongoing fight between state leaders and the federal government as Gov. 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. The fetal cells were not used to produce either vaccine, National Geographic reported last fall. The Florida case, in a 187-page complaint, takes measures much further. 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. Government lawyers argue the policy is in line with well-established principles of judicial noninterference with core military decision making, in their briefs. 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. The Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. The Air Force number is probably in the same ballpark. 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,. 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. The U.S . 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. 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. 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. New family, former Corvias employee join lawsuit against Fort . Our military, I mean, you can open any news feed that you want. 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 . They are, theyre ignoring the law, theyre ignoring the Constitution. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. Until any harm is remedied, according to Bruns, the case is still active. The Florida case also expands the arguments past the religious exemption process, citing a handful of other arguments made by COVID-19 vaccine detractors. 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 . Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. The Religious Freedom Restoration Act sets a low bar for proving ones religious beliefs, in that if someone states them, they are assumed to be sincere. Right? President Joe Biden signed the. And that is textbook discrimination, right? And they recognize that theres almost a presumption of belief. 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. 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 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? 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. 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. 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. Other service members have struck out on their own to fight the mandate. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. 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. 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. How large is the class? The military across the board is discriminating discriminating against people of faith. And our clients are, theyre stationed in various locations, quite a few of them are here in Texas. 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. Military service members have. If you want to swap with me, and they do that through the employer, or their employer offers that. Members of the U.S. military who haven't been vaccinated against COVID-19 are starting to face the consequences. 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 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. All rights reserved. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. 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. Also missing from the lawsuits are any new religious conversion, or simply the possibility that they were previously unaware of the role of replicated fetal stem cells in pharmaceutical development, that would explain why they never objected to any vaccines or medications before. Per FDA guidance, these two vaccines are interchangeable and DoD health care providers should use doses distributed under the EUA to administer the vaccination series as if the doses were the licensed vaccine, " she wrote. That means that this is quickly becoming a national security concern. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. Mike Barry: I think theres almost 30 now. Right? 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. 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. Biden appointee behind unlawful military vaccine mandate to step down. 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. 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 decision sets the stage for a future trial or, possibly, the case winding its way up to the Supreme Court. This website is not intended for users located within the European Economic Area. 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. Theyre not following federal law. Although certain COVID-19 vaccines are associated with a slightly increased risk of blood clotting or heart inflammation, COVID-19 itself is associated with a higher rate of these and other conditions. (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. VICP provides compensation for injuries and deaths caused by 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. 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 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. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. msn back to msn home news Skip To Navigation 2:41 . 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. Of course, that came because of a federal judges ruling. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. 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. 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. 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. 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. Jared Serbu: Got it. 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. 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 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. 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. 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. By Bethany Blankley (The Center Square) Military leaders will testify on Tuesday before the Military Personnel Subcommittee of the House Armed Services Committee about the impact of the Department of Defense's COVID-19 vaccine mandate on DOD employees and military service members. According to the First Liberty Institute, the public interest law firm representing the service members, each of the denials appeared to be identical, suggesting the Navy had not taken any of the religious exemption requests seriously. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? Kevin Stitt with Fox News ads Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. A timeline of when vaccines are due was left up to the . Mike Barry:No, I think what happens is they become much smaller cases, right? You got a preliminary injunction in that case and a favorable ruling from the Fifth Circuit. The Navy comes in second with a total of 469 separations, which includes 50 this past week. We took a very intentional approach of maintaining a laser-like focus on religious liberty, because we believe that that is the strongest legal basis, he said. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". I mean, all of it is just fraught with ideological purpose, and suspected purpose.. Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. 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. 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. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. And theyre discriminating against people in the military. 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? I mean, this is quickly becoming a national security issue for our nation. 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 . 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 . 3 min read POINT PLEASANT, NJ A U.S. Marine from Point Pleasant who was discharged. 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. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. Rachel Cohen joined Air Force Times as senior reporter in March 2021. 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 . Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Then in April, the WHO warned that. Only the Johnson & Johnson vaccine is manufactured using fetal cell lines. 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. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. 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. (Susan Walsh/AP, File). 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:Dark money group targets Oklahoma Gov. The Navy has, however, granted medical exemption requests submitted by other personnel. Another difference is that the VICP is a no-fault compensation program. 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.. And yet were short, were saying that were having a hard time recruiting people. As of Tuesday, the Air Force had denied about 6,800 initial religious waiver requests and 3,600 appeals, and has not ruled on nearly 3,500 more cases. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 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.