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I mean, all of it is just fraught with ideological purpose, and suspected purpose.. Tom Temin is host of the Federal Drive and has been providing insight on federal technology and management issues for more than 30 years. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,Judge Reed OConnor said. And I have yet to hear of a single flight being canceled because there was a COVID outbreak at 30,000 feet. Please contact Susan Rushkowski at publicfiledc@hubbardradio.com or (202) 895-5027. Read Next: The Navy's Top Enlisted Sailor Is Ready for You to Ask Him Anything. Through much prayer and reflection, Plaintiffs have sought wisdom, understanding, and guidance on the proper decisions to make concerning these COVID-19 vaccines, and Plaintiffs have been convicted by the Holy Spirit that accepting any of the three currently available vaccines is against the teachings of Scripture and would be a sin, according to a Florida lawsuit first filed in late 2021, then amended on Feb. 7 with additional plaintiffs. And at least in the Starbucks is that Ive been in recently where theyve been packed in like sardines. President Joe Biden signed the. 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.. Copyright 2023 Hubbard Radio Washington DC, LLC. 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 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. The Religious Freedom Restoration Act (RFRA), it doesnt, the sincerity issue is what everybody seems to be concerned with, right? Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. And I havent heard of a single Starbucks shutting down. Im willing to go through that. And usually when somebody is willing to go through those measures, that demonstrates a degree of sincerity. That means that this is quickly becoming a national security concern. The Navy already denied these exemptions, but O'Connor. 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. -- Thomas Novelly can be reached at thomas.novelly@military.com. This disparity of treatment between medical and religious exemptions was constitutionally prohibited,OConnor said: As a brief preview, the vaccine mandate fails strict scrutiny. Jared Serbu: Mike, thanks for being here. They include the small risk of myocarditis, which has anecdotally occurred in 1,626 U.S. residents out of more than 200 million fully vaccinated, with the highest risk in men under 24. 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. 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. But what we cant do is say, well, because they ruled this way, in this case, this is how theyre going to rule in all cases. Most of the plaintiffs express some sort of Christian faith, though the vast majority of denominations have no formal ban on vaccination. 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. A timeline of when vaccines are due was left up to the . The government has since filed a notice that it plans to appeal the decision. 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? 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. They become the exception and not the norm. 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. The latest lawsuit challenging DoD's COVID-19 vaccine mandate says the Air Force's process makes religious accommodations almost impossible to get. I mean, this is quickly becoming a national security issue for our nation. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, he said. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. 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. A U.S. Navy officer is suing the leaders of the Defense Department and the Navy because they have denied his waiver requests to exempt him from getting the mandated COVID-19 vaccine. But in terms of the underlying legal issues that are raised, no, theyre exactly the same. 26 Feb 2023 11:38:25 For a population accustomed to having very little power over their personal decisions where they live, what they wear, how they cut their hair, how much they weigh the opportunity to have some control over their medical decisions is an enormous discovery. 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Other federal court challenges to various COVID-19 vaccine mandates are ongoing. Sarah Parshall Perry is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Adam Rawnsley. 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. That is especially true when the government imposes a choice between ones job and ones religious belief. 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. New family, former Corvias employee join lawsuit against Fort . It was just a bunch of window dressing, on what was really a foregone conclusion of 100% of religious exemption requests were going to be disapproved, Berry said. 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. The Supreme Court is historically, they only address the legal issues that are brought before them, right. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. 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. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. The Supreme Court is reviewing a legal shield that tech companies have long relied on to avoid liability for content on their platforms. 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. 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. And thats why this is a sham.Jared Serbu: The Air Force case is a putative class action. 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.. 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. While in Texas, the sailors offered descriptions of their jobs, in Florida, the biographical information goes into training, deployments and expertise, attempting to make the case that their involuntary discharges would be a huge loss. Kevin Stitt has pushed back on the COVID-19 vaccine mandate for the military that would apply to the Oklahoma National Guard. Hey you have the Friday night shift, right? 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. She covers operations, policy, personnel, leadership and other issues affecting service members. OConnormade note of thisin his order, calling the process for seeking a religious exemption nothing more than theater, stating that the Navy merely rubber-stamps each denial, and stressing that the record overwhelmingly demonstrates that the Navys religious-accommodation process is an exercise in futility.. If you want to swap with me, and they do that through the employer, or their employer offers that. 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. Night shifts arent popular, especially on Friday night, and things like that. 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. 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. Biden appointee behind unlawful military vaccine mandate to step down. The Navy has, however, granted medical exemption requests submitted by other personnel. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. A federal appellate judge has dealt another blow to the military's coronavirus vaccine mandate by allowing a high-profile class-action lawsuit against the Air Force to move forward. 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 . 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. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Assuming, maybe Im assuming too much. When you treat people who have a medical exemption for more favorably than you treat somebody who has a religious exemption, that is textbook discrimination, and thats whats happening. There are some notable caveats. 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. President Ferdinand Marcos Jr. condemned the mid-morning attack. 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Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. 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. They are, theyre ignoring the law, theyre ignoring the Constitution. The complaint also brings up the issue of Food and Drug Administration licensure. [Many] didnt even know that there was a religious exemption option, because they had never been informed of it, Staver said. We are hemorrhaging people like crazy, and were having a really hard time recruiting capable people to join our military. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. 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. Nov. 2, 2021. Government lawyers argue the policy is in line with well-established principles of judicial noninterference with core military decision making, in their briefs.