The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect,OConnor wrote, adding: The COVID-19 pandemic provides the government no license to abrogate those freedoms. 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. And in fact, he said, the exemption process is fraught in and of itself. 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 military across the board is discriminating discriminating against people of faith. 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. The vaccine mandate for military personnel was put in place in August, with a deadline of Sept. 15. "This vaccine mandate is unlawful and does not reflect the Land of the Free," said General O'Connor. 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. And that is textbook discrimination, right? In December, the Air Force announced it had discharged 27 people for refusing to get the COVID . 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. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., The Navy has, however, granted medical exemption requests submitted by other personnel. President Joe Biden signed the. Subscribe on PodcastOne or Apple Podcasts. Indeed, Defendants employed such measures during the prior year before COVID-19 vaccines were made widely available.. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. All told the lawsuit includes 26 SEALs from the original complaint, plus five special warfare combatant crewmen, five divers and one explosive ordnance disposal technician who joined the case in late January. We are kicking out people by the thousands. VICP provides compensation for injuries and deaths caused by Feb. 23, 2023. The Florida case began with a Navy and Marine Corps officer in 2021, but has soon ballooned to 36 plaintiffs from all military branches as well as some civilian Defense Department employees. 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 . 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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 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. Mike Barry:It would be everyone who is requested and been denied a religious accommodation from the vaccine mandates, specifically the COVID vaccine mandate. 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. But it may not take a lawsuit for the issue to change the environment when it comes to mandatory vaccination. 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 . Theyll accept that alternative and say, okay, you know, Im willing to do that instead. 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. 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. 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. 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. 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. "It hasn't done it yet. Editors note: This story has been updated with information from the hearing. 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. Theyre not following federal law. New family, former Corvias employee join lawsuit against Fort . In fact, as of Dec. 17, the religious accommodation requests of at least 29 of the 35 naval plaintiffs had been flatly denied. 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. All rights reserved. At 1,038, the Marine Corps leads the military branches for the most separations. This material may not be published, broadcast, rewritten or redistributed. 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. 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. 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 Texas lawsuit also states the plaintiffs are willing to continue to wear masks, social distance and take mandatory COVID-19 tests, rather than get vaccinated. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. There are some notable caveats. Hes one of the attorneys representing the airmen challenging the mandate, and he spoke more to Jared Serbu on theFederal Drive with Tom Temin. "We are grateful for the support of the Legislature and the Governor in the State's efforts to block the . Starbucks, for example, doesnt have a vaccine requirement. 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. Biden appointee behind unlawful military vaccine mandate to step down. More than 800 unvaccinated service members have been ousted from the Air Force so far. Punishing SEALs for simply asking for a religious accommodation is purely vindictive and punitive. On Tuesday, a federal judge granted an injunction against discipline of an Air Force officer whose religious exemption had been denied. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. "I am proud of the efforts the Department of the Army has taken to respond to the COVID-19 pandemic," Wormuth said. 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. About 97% of the Department of the Air Force is fully vaccinated, though a larger share of active duty airmen and guardians have gotten the jab compared to their Guard and Reserve counterparts. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". 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. The first military COVID-19 vaccine mandate will take effect in November. 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. Were going from a 50-step process to a zero-step process? Duncan asked. 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. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. But the administration won at least a temporary, partial victory last March when the Supreme Court approved a partial stay. The order allowed the Navy to consider the sailors vaccination status in making decisions on deployment, assignment and other operational issues while the case plays out. 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. "We will continue to promote and encourage COVID-19 vaccination for all personnel to ensure readiness, facilitate mission accomplishment, and protect the force.". 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. 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. Best listening experience is on Chrome, Firefox or Safari. While powerful, that statement isnt true. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. 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. And so of course, that means you have to bring different lawsuits on behalf of people, depending on what branch of the military that theyre in. So if you can find a way to accommodate somebodys religious beliefs, in a less burdensome way right, a way thats less obstructive or cumbersome on their religious exercise, then if the person is really sincere in their religious beliefs, theyll usually accept that. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? It is a danger of, you know, the government saying, Well, hey, heres what your faith tradition teaches, you should follow that, " Griffin said.
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