The Department of Defense is now facing a major class action lawsuit over its Covid vaccine mandate, which forces service members, employees, and contractors to get vaccinated or face disciplinary action or even termination.
The class action lawsuit was filed by the Liberty Counsel in the U.S. District Court for the Middle District of Florida. It lists President Joe Biden, Secretary of Defense Lloyd Austin, and Homeland Security Secretary Alejandro Mayorkas as defendants.
“Plaintiffs are United States Armed Forces servicemembers, federal employees, and federal civilian contractors who 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,” the lawsuit states. “United States Navy and United States Marine Corps servicemembers have until November 28 to become fully vaccinated. United States Army and United States Air Force servicemembers have until December 15. United States Coast Guard servicemembers have until November 22. And civilian federal employees and contractors have until November 22.”
“These are the terminal dates after which discipline will unquestionably be imposed, but the effective due date for the onedose Johnson and Johnson (J&J) shot is earlier, and earlier still for the first of two Pfizer or Moderna shots,” the lawsuit brief goes on. “Missing the earlier due dates will necessarily result in discipline at the terminal dates. Moreover, the pressure and abuse are intense, and disciplinary actions have already commenced for some. Relief is needed now to prevent these military heroes, federal employees, and federal contractors from facing punishments including dishonorable discharge, court martial, other life-altering disciplinary procedures, and termination.”
“They all have sworn an oath to protect and defend the Constitution of the United States, to sacrificially lay down their lives for their fellow citizens against enemies both foreign and domestic, and to preserve for our progeny the heritage and treasure passed down to them by Veterans of old,” the plaintiffs’ argument continues. “And, for that ultimate sacrifice in defense of the Constitution and our freedoms, Defendants are threatening these military heroes with dishonorable discharge for even requesting a religious exemption from the COVID-19 shots. Dishonorable discharge is worse than criminal conviction for these servicemembers because it is a badge of disgrace that follows them for the rest of their lives. Having sacrificed everything to defend America and its citizenry—and while carrying the images and sounds of war with them throughout their lives—America, the ‘land of the free and the home of the brave,’ would betray them with the worst punishment of dishonorable discharge. And for what cause? Simply because they seek an accommodation from the COVID-19 shots on account of their sincerely held religious beliefs.”
The lawsuit then presents the testimony of 24 military members, contractors, and federal employees who oppose the Pentagon’s mandate. It is not the first time that the Department of Defense was sued over the vaccine order. In August, soldiers preemptively filed a lawsuit in court against the impending military vaccination mandate. Those listed on the lawsuit as defendants were Secretary of Defense Lloyd Austin, Secretary of Health & Human Services Xavier Becerra, and Janet Woodock, Acting Commissioner of the Food & Drug Administration.
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“Plaintiffs Staff Sergeant Daniel Robert, U.S. Army, and Staff Sergeant Holli Mulvihill, USMC, individually and on behalf of all other similarly situated active duty, National Guard, and Reserve servicemembers, as documented survivors of COVID-19, file this action against the Department of Defense (“DoD”), seeking a declaratory judgment that the DoD cannot force them to take a COVID-19 vaccination under existing military regulations, federal regulations, federal law, and the U.S. Constitution,” the plaintiffs’ legal complaint states.
“The Secretary of Defense, Lloyd Austin (the “SECDEF”) has publicly notified Plaintiffs, via Memo, that he will seek authorization from the President of the United States of America (the “President”), to mandate the COVID-19 vaccine on or about September 15, 2021,” the plaintiffs note. “Upon information and belief, the DoD is already vaccinating military members in flagrant violation of its legal obligations and the rights of servicemembers under federal law and the Constitution.”
“Army Regulation 40-562 provides documented survivors of an infection, a presumptive medical exemption from vaccination because of the natural immunity acquired as a result of having survived the infection,” the legal complaint added.
One of the doctors whose testimony was cited in the lawsuit was Dr. Peter McCullough, M.D., who is board certified in internal medicine and was the Chief Fellow at William Beaumont Hospital. He stated that in his expert opinion, vaccinating patients who already have natural immunity does “more harm than good.”
The Biden administration has quietly conceded that serious side effects are a concern with its still-unissued federal vaccine mandate. The Division of Federal Employees’ Compensation has set up special authorization to compensate those who are harmed by vaccines, even as no such liability exists for private citizens.
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