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Pentagon Faces Class Action Lawsuit Over Vaccine Mandates on Military, Federal Employees and Contractors

Pentagon Faces Class Action Lawsuit Over Vaccine Mandates on Military, Federal Employees and Contractors

Carrier individuals from all 5 branches of the army, federal workers, and federal civilian contractors have joined in a category motion lawsuit in opposition to the Division of Protection over its COVID-19 vaccine mandates.

The 24 plaintiffs “face a deadline under the Federal COVID-19 Vaccine Mandate to receive a COVID-19 vaccine that violates their sincerely held religious beliefs, and have been refused any religious exemption or accommodation,” in line with Liberty Suggest, the Christian criminal company that filed the lawsuit.

The lawsuit, filed within the U.S. District Court docket for the Center District of Florida, lists President Joe Biden, Secretary of Protection Lloyd Austin, and Hometown Safety Secretary Alejandro Mayorkas as defendants.

Plaintiffs are asking the courtroom to factor a short lived restraining order to forestall the COVID-19 vaccine mandates from taking impact, and in the end factor an injunction to forestall the Pentagon from imposing the Biden management’s COVID-19 vaccine mandates.

Biden on Sept. 9 issued an govt order requiring nearly all federal workers to get a COVID-19 vaccine as a situation of employment. Common checking out isn’t an possibility. Civilian federal workers and contractors have till Nov. 22 to be totally vaccinated.

Austin issued a memorandum on Aug. 24 announcing that each one army provider individuals should obtain a COVID-19 vaccine, and then all of the branches of the army introduced quite a lot of cut-off dates for its troops to be totally vaccinated, irrespective of whether or not they had in the past survived a bout of COVID-19, and threatening suspensions or different disciplinary movements if provider individuals don’t have a pending exemption request or fail to conform.

The U.S. Army and U.S. Marine Corps have set a Nov. 28 time limit for its active-duty provider individuals. Reserve individuals have till Dec. 28. For the U.S. Military and the U.S. Air Pressure, the cut-off dates for active-duty provider individuals are Dec. 15 and Nov. 2, respectively, and cut-off dates for Nationwide Guard and Reserve individuals are June 30, 2022, and Dec. 2, 2021, respectively. U.S. Coast Guard provider individuals have till Nov. 22 to be totally vaccinated.

“Plaintiffs have demonstrated their commitments to the United States Constitution and the Nation’s future comfort, security, and prosperity. This Court should demand that the Nation return the favor. 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,” legal professionals wrote within the submitting, including that reduction is “needed now” to “prevent the immediate and irreparable injury” imposed by way of the vaccine mandates.

A Pentagon spokesperson mentioned in an emailed observation, “We do not comment on ongoing litigation.”

Spiritual Exemption Requests Denied, Swimsuit Claims

The lawsuit famous that a lot of its 24 plaintiffs have had their requests for spiritual exemption from taking the COVID-19 vaccine denied, whilst different plaintiffs “have been threatened with dishonorable discharge, court martial, termination, or other life-altering disciplinary measures” for searching for such exemptions.

“[S]ome of these Plaintiffs have been informed by their superiors that no religious exemption or accommodation will be given, so there is no point in even making a request,” legal professionals mentioned within the submitting.

The swimsuit mentioned that Vice Admiral William Galinis, who’s the Commander of Naval Sea Programs Command, on Oct. 14 issued a caution to his whole command of greater than 85,000 civilian and army team of workers announcing, “The Executive Order mandating vaccinations for all federal employees has provided clear direction. We are moving quickly toward a workforce where vaccinations are a condition of employment. Frankly, if you are not vaccinated, you will not work for the U.S. Navy.”

A Army spokeswoman declined to remark this week when requested if any spiritual or clinical exemptions were licensed.

3 lately to be had COVID-19 vaccines are the one-dose vaccine from Johnson & Johnson, and the two-dose vaccines from Moderna and Pfizer-BioNTech.

“Plaintiffs’ sincerely held religious beliefs preclude them from accepting any one of the three currently available COVID-19 vaccines derived from, produced or manufactured by, tested on, developed with, or otherwise connected to aborted fetal cell lines,” the swimsuit argued, therefore offering proof that aborted fetal cellular strains had been enthusiastic about positive phases of building of all 3 vaccines.

“Plaintiffs’ religious beliefs compel them to not condone, support, justify, or benefit (directly or indirectly) from the taking of innocent human life via abortion, and that to do so is sinning against God,” legal professionals wrote.

Lawyers are asking the courtroom to claim that the federal COVID-19 vaccine mandate on the plaintiffs is against the law as it violates their First Modification to america Charter and the federal Spiritual Freedom Recovery Act by way of “imposing a substantial burden on Plaintiffs’ sincerely held religious beliefs.”

EUA Merchandise Can’t be Mandated: Lawyers

Lawyers argued within the swimsuit that no COVID-19 vaccine is to be had in america that has gained complete licensing and approval from the U.S. Meals and Drug Management, and as such, can’t be mandated.

Austin in his memo on Aug. 24 (pdf) mentioned that the required vaccinations “will only use COVID-19 vaccines that receive full licensure from the [FDA] in accordance with FDA-approved labeling and guidance,” legal professionals famous. They argued, “additional military documents reveal that the Department of Defense is not following its own directive” and is the use of vaccines underneath emergency use authorization [EUA] “because there is no FDA approved vaccine available.”

Austin’s memo got here an afternoon after the FDA issued complete approval for long term Pfizer-BioNTech COVID-19 vaccines, which can endure the Comirnaty label. The latter vaccine remains to be no longer but to be had in america as of Oct.12, The Epoch Instances reported in the past.

The legal professionals argued that particular statutory stipulations for an EUA require that persons are given “the option to accept or refuse administration” of a given unapproved product that’s been approved for emergency use.

In keeping with the lawsuit, “Because all COVID-19 vaccines available in the United States are subject to the EUA Statute restrictions and limitations, all individuals—including military service members, federal employees, and federal civilian contractors—have the explicit right under the EUA Statute to accept or refuse administration of the products.”

Lawyers requested the courtroom to claim the vaccine mandate as illegal as it violates the EUA provisions of the Federal Meals, Drug, and Beauty Act “by imposing a mandatory COVID-19 shot upon Plaintiffs without giving the ‘option to accept or refuse’ the EUA product.”

Zachary Stieber contributed to this file.


Mimi Nguyen Ly is a reporter primarily based in Australia. She covers global information with a focal point on U.S. information. She holds a Bachelor’s stage in optometry and imaginative and prescient science from the College of New South Wales. Touch her at

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