The Military and Veterans' Room
Once again a court has to remind the military that a denial stamp isn't good enough for a request for a religious exemption from the COVID vax. The DoD figured out how to process consciences objector status, they can adopt that model here.
Federal Judge Blocks COVID Vaccine Mandate for Air Force, Space Force, and Air National Guard
A federal judge in Ohio on Wednesday blocked the military’s COVID-19 vaccine mandate nationwide for Air Force, Space Force and Air National Guard service members who requested religious exemptions.
In his 4-page ruling, U.S. District Judge Matthew McFarland said the government failed to “raise any persuasive arguments for why the Court should not extend the Preliminary Injunction issued on March 31, 2022, to cover the Class Members.”
Wednesday’s ruling replaces McFarland’s 14-day temporary restraining order, issued July 14. The temporary order was issued to allow the military time to make its case for why the preliminary injunction shouldn’t last longer and be expanded to apply to 10,000 or more service members seeking an exemption.
Earlier this month, government lawyers argued that preventing the military from punishing unvaccinated members “would interfere with ongoing legal proceedings and would otherwise be improper, particularly in light of significant new developments.”
Defendants pointed to the recent Emergency Use Authorization of Novavax — which is not yet fully licensed — and claimed unlike the other three shots available in the U.S., Novavax does not use fetal cells in its development, manufacturing or production.
“Those class members whose religious objections were based on mRNA technology or the use of fetal-derived cell lines are no longer substantially burdened by the COVID-19 vaccine requirement because this option is now available,” lawyers said.
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