Commercial airlines has said, you know what, were gonna lift the mask mandate. 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. To date, no members of the Army or Space Force have received a religious exemption, though nine airmen and three Marines have been approved. Just three days later, he issued a far more sweeping order granting 4,095 service members a religious exemption from the COVID vaccine. 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. Thats really prohibited by the by the courts considering these types of cases. Meghann Myers is the Pentagon bureau chief at Military Times. msn back to msn home news Skip To Navigation Because of those peoples religious beliefs and religious convictions. . 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. If you want to swap with me, and they do that through the employer, or their employer offers that. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. The Marine Corps had fielded 3,500 religious waiver requests, granting three, in addition to about 250 medical waivers and 400 other administrative approvals. The government burdens religion when it put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs.. President Joe Biden signed the. 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. But Im willing to do that. Rabies shots are required only for some service members in certain career fields. 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. The goal, representatives for the plaintiffs say, is to at least secure religious exemptions for their clients, but potentially see a Supreme Court ruling that would apply to all service members. Ryan Bruce, a Marine Corps spokesman, told Military.com. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. Mike Barry:Well, I mean, thats the beauty of the way that the law works, right? They had been told to get certain vaccines or other things without even be notified of a religious objection.. (The Daily Signal is the news outlet of The Heritage Foundation.). Researchers cultivate these cells for generations, using their derivatives to create or test all manner of pharmaceutical products. 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. Each of those shots also involves cell tissue derived from fetuses, as does one version of the rabies vaccine. 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. Judge Matthew McFarlands decision brings the case, Doster v. Kendall, closer to trial as a class-action lawsuit. Air Force spokesperson Ann Stefanek declined to comment on ongoing litigation and how it may affect how the service handles religious accommodation requests. This piece originally appeared in The Daily Signal. "It hasn't done it yet. Government lawyers argue the policy is in line with well-established principles of judicial noninterference with core military decision making, in their briefs. The service members who filed the lawsuit represent more than 350 collective years of military service, and more than 100 combat deployments. Editors note: This story has been updated with information from the hearing. And that is textbook discrimination, right? The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. 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. More:Dark money group targets Oklahoma Gov. 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? Night shifts arent popular, especially on Friday night, and things like that. The Justice Department intends to appeal the Texas ruling, while a temporary injunction in the Florida case expires Friday. In late August, Pfizers vaccine received full approval under the brand name Comirnaty. Mike Barry:No, I think what happens is they become much smaller cases, 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. 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. 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. Whats clear is that the COVID-19 has broken open a bit of a wormhole in the military. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. 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. The lawsuit also fails to mention an established precedent regarding vaccines in religious traditions. Another difference is that the VICP is a no-fault compensation program. 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. 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. They argue that their. COVID-19 vaccines are proven to be very safe and effective at preventing COVID-19 hospitalizations and deaths. The Supreme Court is historically, they only address the legal issues that are brought before them, right. 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. 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. Here, Plaintiffs must decide whether to lose their livelihoods or violate sincerely held religious beliefs. 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. 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. 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. VICP provides compensation for injuries and deaths caused by 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. Nov. 2, 2021. 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. Other service members have struck out on their own to fight the mandate. But nevertheless, how many, I fly almost on a weekly basis for my job. We took a very intentional approach of maintaining a laser-like focus on religious liberty, because we believe that that is the strongest legal basis, he said. 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. 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. 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. Under the law, theres no requirement that you adhere to a major or even recognized faith tradition, he said. Only the Johnson & Johnson vaccine is manufactured using fetal cell lines. That means that this is quickly becoming a national security concern. Jared Serbu: Got it. And well be back week after week.. 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. 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. 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. And to say, basically, no, you will do this because we said so and if you dont, were gonna kick you out. Jehovahs Witnesses, who ban military service for their members, are probably the most prominent. 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. Im very confident that this case going to the Supreme Court, Mat Staver whose Liberty Counsel represents plaintiffs in the Florida case told Military Times on Tuesday. Plaintiffs, therefore, do not object to safety measures that reduce the transmission of COVID-19 in the workplace, it reads. A 5th Circuit panel rejected the Biden administrations request to block the judges order. This means that you do not need to prove that your injury was caused by a doctor or the vaccine company's mistake. 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. They have similar objections to their Texas counterparts, from opposition to abortion to concerns about modifying their bodies. The Marine Corps separated 165 Marines over the past week due to their refusal to get vaccinated against COVID-19.
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