The judge recognized that when he granted our [temporary restraining order] on Feb. 2 because toward the end, he said the public has an interest also in this because these are courageous skilled, individuals who are not easily replaceable, Staver said. 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might face for refusing COVID-19 vaccinations, even though Bidens vaccine mandate for military personnel has been rescinded. 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. ", -- Konstantin Toropin contributed to this report. In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. "This guidance is a promise of what the Air Force is saying it will do," Bruns told Military.com. All rights reserved. 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. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. 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. 11. More:Dark money group targets Oklahoma Gov. 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. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. 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 officials announced this week that, after months of warnings, they have . The problem here is that the government is simply unwilling to offer any compromises. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. Mike Barry: I think theres almost 30 now. (The Daily Signal is the news outlet of The Heritage Foundation.). Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. "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. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. 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. 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.. Government lawyers argue the policy is in line with well-established principles of judicial noninterference with core military decision making, in their briefs. 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 Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. The story seems pretty similar to whats going on with these airmen. If you want to swap with me, and they do that through the employer, or their employer offers that. 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 . 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. The plaintiffs argue that violates the Religious Freedom Restoration Act and the First Amendment. Are there major differences here? 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. msn back to msn home news Skip To Navigation 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. According data submitted in the Florida case on Feb. 8: The services have declined to provide any details about the circumstances of the religious approvals, but both lawsuits allege that at least one of those Marines is due to leave service later this year. 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. Copyright 2023 Hubbard Radio Washington DC, LLC. 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. 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 Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, he said. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. AFLDS has also pushed ivermectin and. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Yes, many of them have brought that and its a rubber stamp rejection, he said. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. (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. Nov. 2, 2021. I mean, all of it is just fraught with ideological purpose, and suspected purpose.. 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. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. The chief of Irans nuclear program, Mohammad Eslami, acknowledged the findings of the IAEA report. 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. The U.S . The Navy comes in second with a total of 469 separations, which includes 50 this past week. 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Im happy to take that one from you. 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. 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 Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. 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 Pentagon formally dropped the requirement in January following a December vote in Congress to end the mandate. 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. This piece originally appeared in The Daily Signal. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. All rights reserved. Its just such an inappropriate position for the government to be in.. 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? The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. They dont offer what are, in the legal speak, we call advisory opinions. Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. All rights reserved. The new policy guidance to the services makes no mention of reinstating service members who were separated from the military for refusing the shot. 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. 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. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. Hey you have the Friday night shift, right? There was no indication when the judges would rule. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". 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. This website is not intended for users located within the European Economic Area. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 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 . Similar to the Navy, the Marine Corps is no longer stopping unvaccinated Marines from deployments. Military service members have. 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. 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.. 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. . In one of many ongoing federal lawsuits challenging COVID-19 vaccine mandates across the country, Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas issued a group . Assuming, maybe Im assuming too much. Same thing on airplanes, right? "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . The content of this website reflects the current thinking of the United States Department of Health and Human Services on the topics addressed and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. 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 service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. I know, off the top of my head, the number in the Navy is somewhere near 4,100. Plaintiffs do not believe that staying true to their faith means exposing themselves or others to unnecessary risk, according to the filing. 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. But there may be good reason for that. Were going from a 50-step process to a zero-step process? Duncan asked. Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. 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. But the DoD is just saying Nope, we wont even recognize that we wont even consider it, even though they consider natural immunity for other communicable diseases and infections and things like that. Thats really prohibited by the by the courts considering these types of cases. Jared Serbu: This case seems remarkably similar to another case that I think First Liberty was also counsel on with a group of Navy SEALs before the very same judge, I believe too. That is especially true when the government imposes a choice between ones job and ones religious belief. The primary protest centers around fetal stem cells, which may or may not have originated with an aborted pregnancy. The only difference is really is that each branch of the military has their own internal regulations and policies for how they adjudicate these things. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. Theres a case to be made for turning these lawsuits into class action matters, Staver said, so that individual service members dont have to sue or just another case. President Biden declared "the pandemic is over," yet is still pushing to discharge thousands of religious service members for their objections to taking the COVID-19 vaccine. Similar suits have been brought throughout the country by service members across the military branches. The government really cant scrutinize belief very far.. 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? 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.. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. They argue that their. 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. Most of the plaintiffs express some sort of Christian faith, though the vast majority of denominations have no formal ban on vaccination. The Supreme Court is historically, they only address the legal issues that are brought before them, right. 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. 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. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. President Joe Biden signed the. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. It took four years and was licensed in 1967. The military's COVID-19 vaccine was repealed after the National Defense Authorization Act passed and was signed into law this month. In late August, Pfizers vaccine received full approval under the brand name Comirnaty. Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. The Florida case, in a 187-page complaint, takes measures much further. 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. Biden appointee behind unlawful military vaccine mandate to step down. This whole thing is really unprecedented, right? 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 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. 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. Subscribe to Federal Drives daily audio interviews onApple PodcastsorPodcastOne. 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.. Mike Barry:No, I think what happens is they become much smaller cases, right? President Ferdinand Marcos Jr. condemned the mid-morning attack. 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. Theres been a lot of great saints that have gone to prison, so Im willing to do that.. 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,. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. Additionally, "promotion records will be corrected by the [Department of the Air Force] who will remove or redact all adverse actions related to vaccine refusal," according to a Friday press release. The Florida filing also spends much more time on the biographies of the complainants. Theyre not following federal law. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. And well be back week after week.. On August 30, both Robert and Mulvihill asked U.S. District Court Judge Raymond Moore for a temporary restraining order regarding the vaccinations for military members who have already been. The lawsuit emerges as the latest development in an ongoing fight between state leaders and the federal government as Gov. They argue that their. Kevin Stitt with Fox News ads 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 vaccine mandate divided Americans and has remained a contentious political issue. Pfizer's Covid-19 vaccine was developed and cleared for emergency use in eight months a fact . 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.