Jared Serbu: Mike, thanks for being here. Yes, many of them have brought that and its a rubber stamp rejection, he said. Pope Francis has called vaccination against COVID-19 a moral obligation and an act of love., Frequently people let themselves be influenced by the ideology of the moment, often bolstered by baseless information or poorly documented facts, he said in January, adding that vaccines are not a magical means of healing, yet surely they represent, in addition to other treatments that need to be developed, the most reasonable solution for the prevention of the disease.. And youll see headline after headline talking about the recruiting and retention woes that plague our military right now. The Army reported about 1,300 religious requests, none of which have been approved, as well as six medical exemptions. 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. 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 . 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might face for refusing COVID-19 vaccinations, even though Bidens vaccine mandate for military personnel has been rescinded. 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. 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. 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. This website is not intended for users located within the European Economic Area. 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? The Heritage Foundation, a petitioner in the case challenging the private-sector vaccine mandate,has asked the courtto invalidate the governments order. Meghann Myers is the Pentagon bureau chief at Military Times. 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. 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. They argue that their. A ruling in that case, issued this past November by the 6th Circuit Court of Appeals in Cincinnati, upheld previous wins by attorneys representing the service members over the last year and took aim at the Air Force's process of approving religious exemptions. 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. 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. Then in April, the WHO warned that supplier Bharat Biotech had stopped production because of deficiencies in good manufacturing practices.. 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. 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. Military service members have. 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. 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. Other plaintiffs focus not on the abortion issue, but on several Bible passages that refer to the body as a temple. Theyre usually willing to accept that and say, look, yeah, Im happy to. All rights reserved. Another plaintiff is fighting in court after trying to retire one alternative to vaccination the Air Force offered. Theyre not pleasant. Quite the contrary, they view life whether their own or that of their fellow servicemembers as sacred and deserving protection.. 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. 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. While it allowed service members to apply for religious exemptions to the mandate, it has not granted a single one. The complaint also brings up the issue of Food and Drug Administration licensure. 2:14:14 Pentagon exploring back pay for troops kicked out of military over vaccine mandate. The Texas lawsuit argues that the Navy Department is blanketly denying all religious requests, making the process a sham. DOD Under Secretary of Defense for Personnel and Readiness Gilbert R. Cisneros Jr., By Bethany Blankley (The Center Square) Military leaders will testify on Tuesday before the Military Personnel Subcommittee of the House Armed Services Committee about the impact of the Department of Defense's COVID-19 vaccine mandate on DOD employees and military service members. 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. More than 1.14 million out of the 1.4 million active military members have been fully vaccinated as of Wednesday, according to DoD data. 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. 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.. Theres yet another lawsuit challenging the constitutionality of the militarys COVID-19 vaccine mandate. The number of exemptions has fluctuated over the last several months as some people decided to get the shots or leave the service instead of seeking accommodation. Court Delivers Win to Military Members Denied Religious Exemptions From Pentagon Vaccine Mandate, SCOTUS 101: Student Loans and Major Questions, Unpacking the Oral Arguments Against Bidens Student Loan Cancellation, Appeals Court Steals Show on ERA Amid Senate Panels Bid to Resurrect Dead Amendment, the Supreme Court is set to hear oral arguments. And the way that they are accomplishing their compelling interest is the least restrictive means on the persons religious beliefs. Both cases are in a wait-and-see phase, where judges have granted injunctions against any discipline for vaccine refusal while the government responds to requests for information. 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. FILE - Defense Secretary Lloyd Austin speaks during a briefing at the Pentagon in Washington, Nov. 16, 2022. While powerful, that statement isnt true. This whole thing is really unprecedented, right? 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. Dr Terry Adirim, the government bureaucrat behind the infamous and unlawful Pentagon vaccine mandate, will "leave her post in the coming days," reports FedScoop. And they recognize that theres almost a presumption of belief. They had been told to get certain vaccines or other things without even be notified of a religious objection.. Rabies shots are required only for some service members in certain career fields. And, in fact, the Department of Defense allows medical exemptions and administrative exemptions from the vaccine. Pfizer and Modernas mRNA products used cells replicated from a fetus aborted in the 1970s to make sure the vaccines worked in human cells. 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. 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. Best listening experience is on Chrome, Firefox or Safari. Feb. 23, 2023. The story seems pretty similar to whats going on with these airmen. 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. Mike Barry:Well, First Liberty Institute represents nine Air Force members who are challenging the Air Forces enforcement of its vaccine mandate.