There are fresh concerns that public support for ongoing military assistance may be waning. The Air Force number is probably in the same ballpark. 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. Mike Barry:No, really, I mean, this is happening across the entire Department of Defense. Ross said such questions were speculative and not at issue in the case before the court. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. The group includes 14 men and two women. The Navy already denied these exemptions, but O'Connor. 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. In January of last year, a federal judge in Texas barred the Navy from taking any action against the Navy plaintiffs for being unvaccinated. 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. For OConnor, the violation ofthe lawwas clear: Defendants have substantially burdened Plaintiffs religious beliefs. 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. VICP provides compensation for injuries and deaths caused by A dozen U.S. Air Force officers have filed a lawsuit . The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. It also allows them to restrict sailors' movement "in order to comply with host nation quarantine regulations.". So thats usually unwise, and so practitioners who are in front of the Supreme Court frequently like us, we usually know not to do that. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19. 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. 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.. 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. 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. You got a preliminary injunction in that case and a favorable ruling from the Fifth Circuit. The government has since filed a notice that it plans to appeal the decision. 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. 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.. I think we win under the First Amendment, because you have individualized exemptions with medical exemptions, but not religious exemptions.. "Marines will defer to Combatant Command policies regarding deployments.". The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. 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. U.S. Military Service Members with Natural Immunity File Lawsuit over COVID Vaccine Mandate. The Navy began issuing guidance to sailors earlier this month. I know, off the top of my head, the number in the Navy is somewhere near 4,100. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. Rachel Cohen joined Air Force Times as senior reporter in March 2021. 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. 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. 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,. Still, the organization said Covaxin is still a safe and effective product. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. (The Daily Signal is the news outlet of The Heritage Foundation.). I think one of the militarys concerns is whats the limiting principle here? 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. Other service members have struck out on their own to fight the mandate. They are, theyre ignoring the law, theyre ignoring the Constitution. The free exercise of religion, even in the military, it triggers the strongest protection available in the law.. In the filing, attorneys argue that the plaintiffs are facing criminal conviction and dishonorable discharge, which would strip them of any veterans benefits. Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. So I think that if one of these cases does end up in front of the Supreme Court, it will probably be addressed just on the narrow vaccine issue. Biden appointee behind unlawful military vaccine mandate to step down. The judge agreed, issuing an injunction against discipline for the sailors on Jan. 3. The Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. 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 . 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. Same thing on airplanes, right? 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. 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 There is no verifiable evidence that COVID-19 vaccines have killed, or will kill, more military personnel than the disease itself. 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. That means that this is quickly becoming a national security concern. Just three days later, he issued a far more sweeping order granting 4,095 service members a religious exemption from the COVID vaccine. ", -- Konstantin Toropin contributed to this report. Rabies shots are required only for some service members in certain career fields. 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. 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. msn back to msn home news Skip To Navigation All rights reserved. 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. 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The Navy comes in second with a total of 469 separations, which includes 50 this past week. Jared Serbu: Yeah, theres a ton. 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. More:Dark money group targets Oklahoma Gov. 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. Because they will not compromise these religious beliefs, Plaintiffs have been threatened with separation from the military and other disciplinary action. 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. 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. Related: Navy Lifts COVID-19 Vaccine Requirement for Deployments. 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. Another difference is that the VICP is a no-fault compensation program. 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 . And they recognize that theres almost a presumption of belief. The quickest vaccine ever developed was for mumps. 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? Federal News Network's DoD Cloud Exchange: From enterprise to the tactical edge discover how the Defense Department and military services intend to advance their use of cloud technologies. So that, right now that number is several thousand. To date, no members of the Army or Space Force have received a religious exemption, though nine airmen and three Marines have been approved. And what if this is political ideology masquerading as as religious piety? 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. But there may be good reason for that. This piece originally appeared in The Daily Signal. 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. 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.. And really, the greatest harm here is not just to our members of the military who are suffering under this, but its actually to our nation. As part of the exemption process, service members are required to meet with a chaplain to work through their concerns. 3 min read POINT PLEASANT, NJ A U.S. Marine from Point Pleasant who was discharged. 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. 1:51:01 Awkward Andrea Mitchell lectures MSNBC reporter about using term "pro-life" 2:09:32 Baby "chop shop" FOIA lawsuit. 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. 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. In late August, Pfizers vaccine received full approval under the brand name Comirnaty. 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. 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, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate. 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. They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. Editors note: This story has been updated with information from the hearing. Theyre not following their own regulations. Night shifts arent popular, especially on Friday night, and things like that. 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. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. The law says that sincerely held religious beliefs are to be taken at face value. A timeline of when vaccines are due was left up to the . Members face the same injury: violation of their constitutional freedom by defendants clear policy of discrimination against religious accommodation requests, wrote McFarland, of the U.S. District Court of the Southern District of Ohio. 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. Hubbard Radio Washington DC, LLC. 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. 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. Lawyers are waiting to see if a federal court in Georgia will stop the vaccine mandate nationwide through another class-action preliminary injunction as well. We are kicking out people by the thousands. Members of the U.S. military who haven't been vaccinated against COVID-19 are starting to face the consequences. I mean, this is quickly becoming a national security issue for our nation. The Navy has, however, granted medical exemption requests submitted by other personnel. Military officials announced this week that, after months of warnings, they have . Need help accessing the FCC Public File due to a disability? I dont think that the precedent is going to be that big of one, Griffin, the former Coast Guard lawyer, said. Those records are supposed to be cleared by March 31, according to the guidance. 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. Lawmakers expressed frustration with the news . 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. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. The soldier and Marine also want their case escalated into a class action lawsuit to take in other military personnel plus Department of Defense contractors. 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. 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. If you want to swap with me, and they do that through the employer, or their employer offers that. Well, what if somebodys not really sincere? Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Several lawsuits have been filed by sailors opposing the mandate and challenging the Navy's approach to reviewing the religious exemption requests. . Copyright 2023 Military.com. Yes, many of them have brought that and its a rubber stamp rejection, he said. Military service members have. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. 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. Mike Barry:No, I think what happens is they become much smaller cases, right? Another plaintiff is fighting in court after trying to retire one alternative to vaccination the Air Force offered. She covers operations, policy, personnel, leadership and other issues affecting service members. Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. Theyre not pleasant. More than 800 unvaccinated service members have been ousted from the Air Force so far. Unlike VARES that is questioned a lot by the totally compromised medical establishment for accuracy, the U.S. military DMED (Defense Medical Epidemiology Database) reporting system is only submitted by military doctors and qualifies every single ICD (International Classification of Diseases) code in the military for Tricare billing to Humana Insurance covering over 6 million military personal. 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. 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. That leaves around 14,400 airmen and guardians less protected in the COVID-19 pandemics third year. 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 mandate treats comparable secular activity (e.g., medical exemptions) more favorably than religious activity. 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? 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. And yet were short, were saying that were having a hard time recruiting people. 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. At 1,038, the Marine Corps leads the military branches for the most separations. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. The "rule" and the ways it will be fought 1:43:40 How to fight the NFA and its unconstitutional rule about barrel lengths. 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 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?