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.. 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. The law says that sincerely held religious beliefs are to be taken at face value. Theres been a lot of great saints that have gone to prison, so Im willing to do that.. 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. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. Rabies shots are required only for some service members in certain career fields. 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. However, vaccine opponents note that commanders can still make decisions on how and whether to deploy unvaccinated troops, under a memo signed last month by Defense Secretary Lloyd Austin. 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. Lawmakers expressed frustration with the news . I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. 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. Two staff sergeants, one Army, one Marine, have filed a lawsuit against three federal agencies, challenging plans to conduct mandatory COVID-19 vaccinations of military troops. The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. Each week, Defense Reporter Jared Serbu speaks with the managers of the federal government's largest department. And yet were short, were saying that were having a hard time recruiting people. The Biden Administration has previously admitted that it is not the federal government's role to enforce vaccine mandates. Jared Serbu: Yeah, theres a ton. On Feb. 17, the service lifted its policy of banning unvaccinated sailors from deploying. 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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. 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. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. Everyone who joins the military must receive a slate of several vaccines to enter, including chickenpox, rubella and hepatitis A. Pfizer's Covid-19 vaccine was developed and cleared for emergency use in eight months a fact . So that, right now that number is several thousand. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. 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. Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. 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. Secretary of the Army Christine Wormuth said in the press release that the service is still, however, encouraging vaccinations. More:Dark money group targets Oklahoma Gov. (The Daily Signal is the news outlet of The Heritage Foundation.). More than 800 unvaccinated service members have been ousted from the Air Force so far. This piece originally appeared in The Daily Signal. 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. "There are no current COVID-19 vaccine restrictions on deployments or assignments for the Marine Corps as a service," Capt. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. 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. Need help accessing the FCC Public File due to a disability? The Florida case, in a 187-page complaint, takes measures much further. Starbucks, for example, doesnt have a vaccine requirement. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. He spoke with a reporter last Wednesday but did . Were pleased that the court has acted to protect our brave warriors before more damage is done to our national security. The Florida filing also spends much more time on the biographies of the complainants. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. 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. 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. Mike Barry: Probably not at the Supreme Court level. All 16 service members joined the lawsuit anonymously, listing in the filing only their currently assigned bases and statuses in the Army, Navy, Air Force, Marines, or reserve components. That is especially true when the government imposes a choice between ones job and ones religious belief. The military across the board is discriminating discriminating against people of faith. A dozen U.S. Air Force officers have filed a lawsuit . 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. Theyre burdensome, but the person says, But you know what, at the end of the day, Im not have to inject something in my body that violates my religious beliefs. 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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. I know, off the top of my head, the number in the Navy is somewhere near 4,100. They argue that their. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. I think one of the militarys concerns is whats the limiting principle here? 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. 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. Kevin Stitt with Fox News ads In one of manyongoing federal lawsuitschallenging COVID-19 vaccine mandates across the country, Judge Reed OConnor of the U.S. District Court for the Northern District of Texas issued a group of Navy SEALs and Naval Special Warfare personnel a resounding victory Jan. 3 inU.S. Navy SEALs 1-26 v. Biden. The Navy comes in second with a total of 469 separations, which includes 50 this past week. Produced by Will Reid , Rob Szypko . 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. All of the military services have released vaccine refusal policies, none of them involving judicial or non-judicial charges for simply staying unvaccinated. Theyre not following their own regulations. And they have different ranks, different different job responsibilities in the Air Force, a number of them are actually pilots in the Air Force. The lawsuits dont mention other vaccines these troops received either in their childhoods or during service the chicken pox, rubella and hepatitis A vaccines are all required that used descendent fetal cells in development. The Air Force has approved 135 religious exemption requests out of thousands submitted so far. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. The Supreme Court ruled in March 2022 that the sea service was allowed to reassign sailors who had refused the shot and filed exemption requests to nonoperational commands. Dr. Lee Merritt, a self-described Navy surgeon, stated during an . 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. And that is textbook discrimination, right? This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. There was no indication when the judges would rule. 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. Right? Mike Barry: I think theres almost 30 now. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. 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. 2:41 . In a hypothetical alternate universe where it were the Navy and the Air Force, the rest of the services had an exemption process or a waiver process that did look more credible to you and to the court, do you lose these cases? The first lawsuit to garner national attention, filed in Texas late last year, made a splash because its plaintiffs include SEALs, among the most elite of the militarys special operations forces. 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. This website is not intended for users located within the European Economic Area. Its just under 4,100. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. 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. 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. AFLDS has also pushed ivermectin and. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. Quite the contrary, they view life whether their own or that of their fellow servicemembers as sacred and deserving protection.. 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. 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 . If the court certifies the class does the class become all unvaccinated airmen or everyone whos been denied a religious exemption? 11. There are fresh concerns that public support for ongoing military assistance may be waning. 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. The next stop in the litigation is likely to be an appeal by the Department of Defense and the Biden administration to the U.S. Court of Appeals for the 5th Circuit. 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. More than 60 service members have joined lawsuits against the U.S. government, alleging that the militarys process for awarding religious vaccine exemptions is a sham. 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 . 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. . It is not yet clear how the various services will handle pending lawsuits that sprang up in the years following the Pentagon's COVID-19 vaccine mandate. Of course, that came because of a federal judges ruling. 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. 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. The Pentagon has not provided any public updates or said when the formal policy will be issued. 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. The Texas case has smaller aspirations purposely, Berry said. 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. Those records are supposed to be cleared by March 31, according to the guidance. Military officials announced this week that, after months of warnings, they have . 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. 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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. 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. 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. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. The Navy has, however, granted medical exemption requests submitted by other personnel. The plaintiffs argue that violates the Religious Freedom Restoration Act and the First Amendment. 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. 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. Jared Serbu: Mike, thanks for being here. -- Thomas Novelly can be reached at thomas.novelly@military.com. Sixty-seven percent of the U.S. population is fully vaccinated. 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 there may be good reason for that. 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. Meghann Myers is the Pentagon bureau chief at Military Times. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. 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. 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. There is no COVID-19 exception to the First Amendment. The first military COVID-19 vaccine mandate will take effect in November. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. Well, the good news is the law is set up so that the government actually can win those cases, when all they have to do is demonstrate that they have a compelling interest. Fox News 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. Until any harm is remedied, according to Bruns, the case is still active. Another claimant, a Muslim Marine Corps captain, who said that his religious beliefs that require him to abstain from participation in that which is haram forbidden including the destruction and commoditization of innocent human life as exemplified by the use of human fetal cell lines derived from abortions, according to the lawsuit. Thats really prohibited by the by the courts considering these types of cases. And in fact, he said, the exemption process is fraught in and of itself. Military service members have. Another difference is that the VICP is a no-fault compensation program. 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 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. The mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity. The quickest vaccine ever developed was for mumps. They are, theyre ignoring the law, theyre ignoring the Constitution. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. Overall, scientific evidence indicates that the benefits of vaccines largely . (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. Editors note: This story has been updated with information from the hearing. 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. The Navy lawsuit is one of several ongoing legal challenges to the military branches' policies on religious exemptions to the DoD COVID-19 vaccine mandate. There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". 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. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. 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. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? 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 . 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. 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. 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? And then if you come back and you say, oh, no, but my exemption is a medical exemption [see Contraindications and Precautions]not a religious exemption, then the military says, Oh, well, in that case, we welcome you with open arms. The Supreme Court is historically, they only address the legal issues that are brought before them, right. Given the prevailing public health guidelines and the state of the virus, there is currently no intention to require universal vaccination of all service members, Ross said. The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. The Navy began issuing guidance to sailors earlier this month. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. 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. 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.