Judge Stops Navy from Discharging Any Religious Vaccine Refusers

[maxrandb]

Source: Military.com

Fresh off of a Supreme Court decision that saw his previous vaccine-refuser injunction narrowed, a federal judge in Texas issued a new order Monday that turns the case into a class-action lawsuit and halts the Navy from discharging vaccine-refusing sailors Navy-wide.

In Monday’s order, O’Connor granted the SEAL’s request to broaden the case out to a class action that includes “4,095 Navy service members who have filed religious accommodation requests,” the ruling said. That request was filed in January, according to court records.

Legal experts who previously spoke with Military.com said that it appeared the lawyers for the sailors had intentionally picked a judge who would be more sympathetic to their claims.

Read more: https://www-military-com.cdn.ampproject.org/v/s/www.military.com/daily-news/2022/03/29/judge-stops-navy-discharging-any-religious-vaccine-refusers.html/amp?amp_gsa=1&amp_js_v=a9&usqp=mq331AQKKAFQArABIIACAw%3D%3D#amp_ct=1648644130088&amp_tf=From%20%251%24s&aoh=16486440468105&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.military.com%2Fdaily-news%2F2022%2F03%2F29%2Fjudge-stops-navy-discharging-any-religious-vaccine-refusers.html

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Talked about "activist judges".

So, the military is stuck with folks they can't deploy, but they also can't take disciplinary action against.

During my time in, we always had a small percentage of manpower that was in a transient status. We called them "limp, lame, or crazy", but we accepted the fact that a certain percentage of Sailors weren't deployable at any given moment. Some of the reasons for this were:

Pending medical treatment
Pending legal issues
In a training status like and A, or C school
Temporary Additional Duty for special programs/ops

Turning this into a class action suit is just ridiculous.

[CurtEastPoint]

1. bad link

this works https://www.military.com/daily-news/2022/03/29/judge-stops-navy-discharging-any-religious-vaccine-refusers.html/amp?amp_gsa=1&_js_v=a9&usqp=mq331AQKKAFQArABIIACAw%3D%3D#amp_ct=1648644130088&_tf=From%20%251%24s&aoh=16486440468105&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.military.com%2Fdaily-news%2F2022%2F03%2F29%2Fjudge-stops-navy-discharging-any-religious-vaccine-refusers.html

[Irish_Dem]

2. If they won't get vaccinated keep them in quarantine.

[brush]

3. It won't stand. That judge is out of his lane.

[Irish_Dem]

4. Can you imagine troops getting an attorney every time they don't like a direct order?

[lagomorph777]

37. Put 'em all on one ship: The USS COVID.

Don't let them come ashore.

[Farmer-Rick]

5. They wouldn't be in the military right now if they refused all vaccines

"The DoD already administers 17 different vaccines to service members—outlined in the "Joint Regulation on Immunization and Chemoprophylaxis for the Prevention of Infectious Diseases."

These are the mandatory vaccinations that all service members are required to receive before initial entry or basic training. (There follows a list of 9 vaccines required at enlistment or swearing-in.). https://www.newsweek.com/list-vaccines-mandated-us-military-covid-1641228?amp=1

You can't even join the military without having had at least 9 different vaccines. Let alone getting the additional 8 vaccines required by the services.

If getting vaccinated is against their religion, why didn't it come up the other 9 times?

It's like suddenly developing pacificist or conscientious objector ideals after having been in the military for 5 years. So, you don't believe in war, you get kicked out of the military. It's kind of how it works when you don't want to do what the military demands you do....... don't sign up in the first place.

These anti-vaxxers want to be in the military but not do what the military orders them to do. They want their cake and eat it too. Whiney Babies.

[PatSeg]

7. Yes, pretty much any concerns about

the COVID vaccines would apply to the other mandatory vaccinations that service members receive. They knew this when they signed up. You can't cherry pick what requirements you will follow.

[Rebl2]

23. Why don't

they refuse the other vaccines? We all know the answer-political reasons and for that, they should be kicked out for refusing a vaccine that is required. I am sick of these snowflakes.

[area51]

30. +1 n/t

[iluvtennis]

35. Good info. Not following orders should lead to them being discharged, period. n/t

[NHvet]

6. This is BullSh*T

Through all the years I served, the amount of shots and vaccines that I received, filled two of the yellow shot record books. Every time we boarded a plane to some foreign country, corpsmen would make sure we had the proper shots, and if not, we were ordered to roll the sleeve up. I don't understand where any service member gets off thinking that's something they can refuse. I say "don't like the rules, its time to pack up and go back home to momma".

[AllaN01Bear]

8. i have my pocket bilble with me . ok show me were please .

same thing with my pocket constitution. which one ? the only one fool that is under glass and gas in the smithsonian.

[Aristus]

9. So the military no longer gets to decide on military readiness?

The GOP has come a long way from “Support Our Troops” and “God Bless Our Snipers.”

[liberalgunwilltravel]

10. Chain of command

I am confused. Where in the chain of command does the federal judiciary stand?

[keithbvadu2]

11. Cannot discharge them? But you can transfer them.

Cannot discharge them? But you can transfer them.

They don't want to be a team player?

Take them out of the SEALs and transfer them to another duty station.

There is a ship in Norfolk that cannot deploy because the captain refuses to be vaxxed.

[maxrandb]

17. Great idea

During sequester, we didn't have enough funds for landscaping and lawn maintenance on military bases.

Should be getting close to 100 degrees in China Lake by now.

I think we just found out lawnmowing and landscaping solution.

[LiberalFighter]

33. Has the judge been in the military? Maybe recall him?

[turbinetree]

12. I think the commander and chief should say something about this

then lets see what this "judge" has to say......apparently anyone can go "judge" shopping to get what they want.....that is against the law within its self, yes..... no.....and is there not a thing called separation of religion, and just think these "guy's and gal's have access to guns...... oh fucking yippie....

[halfulglas]

13. So, are these all "Republican" seals or has Q spread this far in the military?

I've never ever heard of this much resistance to shots in the military. The most in my lifetime have been the resistance to the anti-anthrax shots, which apparently did produce a reaction in some.

[Ray Bruns]

14. I wouldn't worry about the judges decision. These people have already chucked their careers

down the toilet. The officers will never advance beyond the rank they are and will be gently eased out. The enlisted will never be allowed to re-enlist.

[JohnSJ]

15. There was a time in this country, when you enlisted or were drafted, you were not given a choice

about vaccinations.

[Ray Bruns]

16. You still don't. This is from an originalst judge who, if you agree with his MAGA beliefs

is now an "activist" judge.

[William Seger]

18. So, is this an official ruling that Trumpism is a cult? (n/t)

[AZLD4Candidate]

19. Imagine this in war time:

Captain: "Troops, we're going to take that hill because those are our orders."

Private: "I have a religious exemption, so if you force me to do it, I'll sue you in federal court. You can't order me to do anything."

This is the precedent that has just been set!

[NHvet]

21. Exactly

Orders unless unlawful are not to be questioned. If your religious beliefs are such that a vaccine is a violation, maybe you need to find another line of work.

[AZLD4Candidate]

29. Considering the inoculations required before BT, why is this one objectionable?

[Wild blueberry]

20. What "religious" reason is there for refusing a vaccine?

Especially if they've gotten all the other vaccines required by the military.
I'm seriously asking.

[AZLD4Candidate]

22. Book of Moron: Chapter Idiot - Verse Duh!

[jmowreader]

31. It's an abortion thing

And…this one is really reaching.

There is a fetal cell line named HEK 293. It was started in 1973 in Europe. It came from the kidney cells of a fetus that was either aborted or miscarried - no one knows which. They’ve been growing cells from it since then, and these cells are used in many medical research projects.

The COVID vaccines were tested in HEK 293. After the testing was done, HEK 293 played no role in their production. But the religious extremists who are now in the military say they’re not accepting the COVID shots for this very reason.

And thanks to that fuckhead Trump we no longer have a military.

[Mariana]

40. Religious beliefs aren't rational, by definition.

They don't have to make any sense.

[musclecar6]

24. When

I was in the Air Force back in the day, it was always simple for me. Go by the rules and everything works out OK. Reality is when you’re in the military you’re midway between being a civilian and being in prison. You fall under the uniform code of military justice not the constitution that we’re used to as civilians. If you’re in the military and you don’t obey a legal direct order, then the shit starts. You really give them trouble and they’ll put you in jail.

To me, if you are not a lifer ( person wanting to put in your 20 years or more and get a retirement), then do your hitch and get out before standing on a soapbox yelling and screaming about how something is fucked up and you don’t want to or won’t comply with it. If you’re a lifer, while causing all this ruckus, yes you might effect change, but you probably have a high likelihood of grenading your career. You’re better off focusing on the fact, that you will have more rights when you exit the military, as a civilian, than a 4 star general has in the military.

Also most important if you disobey a direct order where you work after you get out, you may get fired, but they can’t put you in jail and if you like, you can tell them to fuck off as you walk out the door. Maybe not the smartest move, but you have the RIGHT to do it, cause you’re a civilian.

[Xoan]

25. We vaccinate against religion?

[Farmer-Rick]

27. He he

I sure wish we could.

[BlueIdaho]

26. Let them paint rocks

pick up cigarette butts, and clean toilets, for the rest of their career.

[jmowreader]

32. You know what would happen if we did

“Soldiers refusing vaccines may not be given punitive work. They may not be passed over for promotion, and must be given their choice of assignments. Personnel will be transferred from assignments desired by vaccine refusers if necessary.”

End result: the Hawaiian bases will be filled with vaccine refusers and Fort Riley, Camp Lejeune, Norfolk Naval Base and Minot AFB will be full of troops pulled out of Hawaii to clear room for the antivaxers.

This will lead to good troops getting out as soon as possible because if you can refuse an order 99 percent of the military followed and have all your dreams come true, what’s the point of staying in?

It makes me wonder if Russia is behind the antivax movement.

[BlueIdaho]

38. Hey somebody's got to paint those rocks

And swab those latrines. If they can’t be posted outside the US, they will need to pick up the slack for those who can. Nothing punitive about it.

[ashredux]

28. The last thing we need is a TX Judge running the military.....

[lonely bird]

34. Welp, this will end up in front of the radical SCOTUS

First, an opinion…

There is no such thing as originalism. It is bullshit. The actual document mentions, iirc, two laws that congress may not pass which are ex post facto and bills of attainder. Beyond that anything ruled unconstitutional is merely the opinion of the majority as to whether or not they favor a law.

The first amendment, meaning the first alteration of the document, speaks of certain freedoms but even those freedoms have been deemed to not be absolute.

As for this case, move the anti-vaxxers to duty locations where they have as little interaction with others as possible. Then this question arises: if an anti-vaxxer what’s to re-up can they be refused? No one is entitled to the job they want. If the military doesn’t want them, too bad.

[PSPS]

36. O'Connor, a 'W' Federalist appointee, is the go-to judge for all things anti-american

From 2018:

In 2015, it was an Obama administration effort to extend family leave benefits to gay couples. In 2016, it was an Obama administration guideline allowing transgender children to use school bathrooms that align with their gender identity. And on Friday, it was the entirety of Obamacare that U.S. District Judge Reed O’Connor struck down as unconstitutional after a Texas-led coalition of 20 states sued this year to kill it.

Over the past four years, O’Connor has handed Texas major wins in several high-profile Texas v. United States lawsuits. And it doesn’t seem to be a coincidence that those cases landed in his court. The North Texas judge has emerged as something of a favorite for the Texas Attorney General’s Office, a notoriously litigious legal battalion known for challenging the federal government in cases and controversies across the country.

Since 2015, almost half of challenges to the federal government that Texas filed in district courts here landed in O’Connor’s courtroom, attorney general’s office records show. He is one of several dozen federal judges of his rank in the state.

Active in the conservative Federalist Society, O’Connor is a former aide to U.S. Sen. John Cornyn, R-Texas, and a former federal prosecutor in North Texas who has been rumored to be on the short list for a promotion to a federal appeals court. O’Connor, a 2007 appointee of President George W. Bush, worked in relative obscurity until 2015, when Texas’ litigation force began to frequent his courtroom. Since then, he’s earned a reputation as a no-nonsense conservative darling.

More at: https://www.texastribune.org/2018/12/19/reed-oconnor-federal-judge-texas-obamacare-forum-shopping-ken-paxton/

[WestMichRad]

39. "...he's earned a reputation as a no-sense conservative darling."

FIFY, Texas Tribune.

[Akoto]

41. Would this not create precedent for those who serve to refuse ALL vaccines? Disaster. nt

[maxrandb]

42. Yes, because the founding fathers like George Washington

would never require the vaccination of military tro...........

Oh, NEVERMIND!

[elias7]

43. Biden is commander in chief, or is he? Breach of separation of powers

Clearly unconstitutional