Judge blocks Pentagon from taking 'any adverse action' against sailors who have refused vaccine

  

Category:  News & Politics

Via:  vic-eldred  •  4 months ago  •  41 comments

By:   BY MYCHAEL SCHNELL

Judge blocks Pentagon from taking 'any adverse action' against sailors who have refused vaccine
“Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect,” the judge wrote.

S E E D E D   C O N T E N T



A judge on Monday blocked the Pentagon from taking “any adverse action” against Navy sailors who have refused to get vaccinated against COVID-19 for religious reasons.

A group of 35 Navy Special Warfare service members — including SEALs, special warfare combatant craft crewmen,  divers and an explosive ordnance disposal technician — filed a lawsuit challenging the Navy’s COVID-19 vaccine mandate on Nov. 9, contending that the Navy’s COVID-19 vaccine mandate breached their religious freedom.

Judge Reed O’Connor of the Northern District of Texas noted in his  ruling  that the Navy denied at least 29 of the 35 religious accommodation requests. He said of the religious accommodation process, “by all accounts, it is theater,” adding that the branch “merely rubber stamps each denial.”

“Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect,” wrote O’Connor, who was appointed by then-President George W. Bush. 

“The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment. There is no military exclusion from our Constitution,” he added.

The lawsuit named  President Biden , Secretary of Defense  Lloyd Austin , Secretary of the Navy Carlos Del Toro and the Pentagon. 

The Pentagon told The Hill that it is studying the decision, referring questions to the Justice Department “as this matter involves litigation.” The Hill reached out to the Justice Department for comment.

The Navy  required all active-duty sailors  to be fully vaccinated against COVID-19 by Nov. 28, or else face potential discharge. Last month, the branch announced that it had  given commanders guidance  to move forward with issuing administrative separations for service members who did not get vaccinated.

Sen.  Ted Cruz  reacted to the ruling on Twitter, writing “This is a major win!”


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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    4 months ago

We have a narrow pool of eligible volunteers that the US military draws from. I heard a military analyst, just last night say that we might be hard pressed to deploy 100,000 men, tops. The worst threat the US faces is the demoralization of the US Army, Navy, Marines, and Air Force by the Biden regime.

So maybe this judge is right. We shouldn't be casting Pearls to the wind for some political objective. Speaking of political, could Sen Ted Cruz be making another run at the Presidency?

 
 
 
Jeremy Retired in NC
PhD Guide
1.1  Jeremy Retired in NC  replied to  Vic Eldred @1    4 months ago
The worst threat the US faces is the demoralization of the US Army, Navy, Marines, and Air Force by the Biden regime.

That will happen when you retreat from a combat area to only have to go back in because your Coward in Chief left $500.000 in military equipment and hundreds of US Citizens there.

Oh and we can't forget the hundreds of Afghani civilians killed and the 13 dead service members that resulted in that catastrophe.

 
 
 
Vic Eldred
Professor Principal
1.1.1  seeder  Vic Eldred  replied to  Jeremy Retired in NC @1.1    4 months ago

Ya, I'm sure that has left a bad taste in the mouths of our service members.

 
 
 
Jeremy Retired in NC
PhD Guide
1.1.2  Jeremy Retired in NC  replied to  Vic Eldred @1.1.1    4 months ago

Bad taste is an understatement.  Not only for the service members but Vets as well.

 
 
 
Vic Eldred
Professor Principal
1.1.3  seeder  Vic Eldred  replied to  Jeremy Retired in NC @1.1.2    4 months ago

Do you think Joe Biden cares about those who serve?

 
 
 
Jeremy Retired in NC
PhD Guide
1.1.4  Jeremy Retired in NC  replied to  Vic Eldred @1.1.3    4 months ago

It's obvious that he doesn't, [deleted]

 
 
 
Vic Eldred
Professor Principal
1.1.5  seeder  Vic Eldred  replied to  Jeremy Retired in NC @1.1.4    4 months ago

I tend to agree. As I recall Obama seldom listened to military advisors.

 
 
 
Jeremy Retired in NC
PhD Guide
1.1.6  Jeremy Retired in NC  replied to  Vic Eldred @1.1.5    4 months ago

I suffered through Obama.  No pay, no funding for training or repair parts, going back to Iraq (with the addition of Syria to the area of operations)...

 
 
 
Vic Eldred
Professor Principal
1.1.7  seeder  Vic Eldred  replied to  Jeremy Retired in NC @1.1.6    4 months ago

So I've heard.

"More than half of troops surveyed in the latest Military Times/Institute for Veterans and Military Families poll said they have an unfavorable opinion of Obama and his two-terms leading the military."




General Stanley McChrystal, fired despite being an Obama loyalist for engaging in diarrhea of the mouth about Obama in front of a Rolling Stone reporter nonetheless said Obama was “uncomfortable and intimidated” by generals.

However as Greenfield noted, Obama ended up getting his own back on the generals “by transforming them into community organizers.”

 
 
 
Jeremy Retired in NC
PhD Guide
1.1.8  Jeremy Retired in NC  replied to  Vic Eldred @1.1.7    4 months ago

General McChrystal said exactly what many of us were (and still are) saying about the Obama administration.  And unfortunately, he was fired for it.  The Obama policies and political grandstanding did nothing but hurt and nearly cripple the US military.

 
 
 
Vic Eldred
Professor Principal
4  seeder  Vic Eldred    4 months ago

Signs will do when arguments fail!

 
 
 
Vic Eldred
Professor Principal
5  seeder  Vic Eldred    4 months ago

Oh what happened to posts 2 & 3?

I thought there would be a crackdown on that stuff?

 
 
 
Just Jim NC TttH
Masters Principal
7  Just Jim NC TttH    4 months ago

And now, 6

 
 
 
Vic Eldred
Professor Principal
7.1  seeder  Vic Eldred  replied to  Just Jim NC TttH @7    4 months ago

They promised to crack down on it!

Hey I have a question: How about the next Republican President fires all the current military commanders and promotes some patriots?

And one more thing:

Put the military back in those form fitting uniforms they deserve!

 
 
 
Hal A. Lujah
Professor Expert
9  Hal A. Lujah    4 months ago

The right to spread highly contagious disease needs to be protected!! jrSmiley_88_smiley_image.gif

 
 
 
Vic Eldred
Professor Principal
9.1  seeder  Vic Eldred  replied to  Hal A. Lujah @9    4 months ago

Take it up with the Judge. You do believe in the rule of law?  Or is all about Biden trying to make good on a promise?

 
 
 
Split Personality
Professor Principal
9.1.1  Split Personality  replied to  Vic Eldred @9.1    4 months ago

Judge denies Oklahoma GOP governor's request to block military vaccine mandate (yahoo.com) 12/29/2021

“First, adding a tenth FDA-approved vaccine to the list of nine that all service members are already required to take would hardly amount to ‘an enormous and transformative expansion [of the] regulatory authority’ the Secretary of Defense already possesses,” Friot wrote in his 29-page ruling.

“And, to say no more on this point, there is nothing ‘transformative’ about a force protection measure first conceived and enforced by General George Washington when he required members of the Continental Army to be inoculated against smallpox, ” he said.

Friot noted that the National Guard, which is generally overseen by governors, has historically been included in military-wide vaccination mandates.

The Pentagons right to determine the rights of the military has been upheld in court over and over again.

O'Connor's ruling basically sanctions mutiny and will not hold up on appeal.

 
 
 
Tessylo
Professor Principal
9.1.2  Tessylo  replied to  Split Personality @9.1.1    4 months ago

Why are these ignorant shitheads denying a vaccine that could save their lives and others?

 
 
 
Split Personality
Professor Principal
9.1.3  Split Personality  replied to  Tessylo @9.1.2    4 months ago

Politics.

 
 
 
epistte
Junior Principal
9.1.4  epistte  replied to  Split Personality @9.1.1    4 months ago

When you are in the military, (USMC in my experience) you are not asked which vaccines you want or can deny. You line up and walk the gauntlet with your blouse folded over your arms. They hit you in both shoulders as you walk down the line.  Refusing the vaccine is insubordination and failure to train and you are discharged. 

When you are in the military, Uncle Sam owns your body and you will do as you are told, even if that order is to charge into gunfire and likely die for the good of the squad.

 
 
 
Duck Hawk
Freshman Silent
9.1.5  Duck Hawk  replied to  epistte @9.1.4    4 months ago

hehe, been there, done that.

 
 
 
Vic Eldred
Professor Principal
9.1.6  seeder  Vic Eldred  replied to  Split Personality @9.1.1    4 months ago
O'Connor's ruling basically sanctions mutiny and will not hold up on appeal.

We shall see.

 
 
 
Vic Eldred
Professor Principal
9.1.7  seeder  Vic Eldred  replied to  Split Personality @9.1.3    4 months ago

It can be a dirty business. What one says as a candidate can cause a lot of problems when one becomes president.

 
 
 
Tacos!
Professor Expert
10  Tacos!    4 months ago

Interestingly, the judge dismissed Biden as a party to the case, so in theory, as Commander in Chief, he could individually order each of these plaintiffs to be vaccinated. I kind of doubt he would do that, though - too provocative.

An interesting point in the decision is the conclusion by the judge that defendants have not demonstrated a compelling government interest with respect to these specific plaintiffs. This is based on the observation that plaintiffs represent 0.6% of the service and probably are no longer much of a threat to overall readiness. And to be fair, if we were considering the general population, we would be pretty happy with a 99.4% vaccination rate. There are a couple of faults with that reasoning here, though.

First is that we have 99.4% compliance now, but if getting a waiver were easy, we would probably be very far from that number. Changing the policy would make it much harder to reach 99.4% in any future vaccination scenario.

Second, it doesn’t take into account the fact that these people are still able to interact with the general population and thus could bring Covid onto any base or ship they might be assigned.

Still, that doesn’t mean the government would win a full hearing on the merits, so I think overall the preliminary injunction is justified. Remember that this isn’t the final disposition of the case.

 
 
 
Kavika
Professor Principal
11  Kavika     4 months ago
“Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect,” wrote O’Connor,

You give up certain civil rights when you join the military. 

Cancun Ted doesn't seem to know anything about the military which is not surprising.

The article is about the Navy so it would seem fitting to have a photo of the Navy.

The worst threat the US faces is the demoralization of the US Army, Navy, Marines, and Air Force by the Biden regime. 

Are you speaking from experience, Vic? 

I have three close relatives on active duty as we speak. The only thing that they are pissed about is dumb fucks that refuse to get vaccinated. 

 
 
 
Tacos!
Professor Expert
11.1  Tacos!  replied to  Kavika @11    4 months ago
You give up certain civil rights when you join the military.

The thing is, nobody is being forced to get vaccinated. They are free to not be vaccinated. They just don’t get to keep their job.

 
 
 
Split Personality
Professor Principal
11.1.1  Split Personality  replied to  Tacos! @11.1    4 months ago

Exactly.

 
 
 
Vic Eldred
Professor Principal
11.2  seeder  Vic Eldred  replied to  Kavika @11    4 months ago
re you speaking from experience, Vic? 

I've had all the shots.

 
 
 
Vic Eldred
Professor Principal
11.3  seeder  Vic Eldred  replied to  Kavika @11    4 months ago
The article is about the Navy so it would seem fitting to have a photo of the Navy.

Only because the Navy Seals filed the lawsuit

 
 
 
Kavika
Professor Principal
11.3.1  Kavika   replied to  Vic Eldred @11.3    4 months ago

But the judge ruled on the Navy...So Navy photos would be a lot more accurate.

 
 
 
Vic Eldred
Professor Principal
11.3.2  seeder  Vic Eldred  replied to  Kavika @11.3.1    4 months ago

It's my seed.

 
 
 
Kavika
Professor Principal
11.3.3  Kavika   replied to  Vic Eldred @11.3.2    4 months ago

So you don't know the difference between the navy and other branches of the military. 

 
 
 
Vic Eldred
Professor Principal
11.3.4  seeder  Vic Eldred  replied to  Kavika @11.3.3    4 months ago

I know the difference between a legitimate argument and a silly distraction. If I chose to go down that road I'd be asking you if you thought the judge was saying only the Navy Seals had such rights?  That's a bit childish.

 
 
 
Vic Eldred
Professor Principal
11.4  seeder  Vic Eldred  replied to  Kavika @11    4 months ago
I have three close relatives on active duty as we speak. The only thing that they are pissed about is dumb fucks that refuse to get vaccinated. 

I think the Navy Seals differed a bit with your close relatives.

 
 
 
Kavika
Professor Principal
11.4.1  Kavika   replied to  Vic Eldred @11.4    4 months ago
I think the Navy Seals differed a bit with your close relatives.

You know what making assumptions does, don't you Vic?

 
 
 
Vic Eldred
Professor Principal
11.4.2  seeder  Vic Eldred  replied to  Kavika @11.4.1    4 months ago

I'm pretty certain that your ideology is still a distinct minority opinion in the US military.

 
 
 
Kavika
Professor Principal
11.4.3  Kavika   replied to  Vic Eldred @11.4.2    4 months ago

I'm pretty sure that you have no idea, Vic.

And being your guess is only hot air you'll have to explain why 97% of the navy has been vaccinated. That doesn't sound like a distinct minority more like a massive majority

 
 
 
Vic Eldred
Professor Principal
11.4.4  seeder  Vic Eldred  replied to  Kavika @11.4.3    4 months ago
I'm pretty sure that you have no idea, Vic.

We do have a certain amount of evidence:

.



And being your guess is only hot air you'll have to explain why 97% of the navy has been vaccinated.

Are you now claiming that the vaccinated are democrats?   That is really absurd.

 
 
 
Kavika
Professor Principal
11.4.5  Kavika   replied to  Vic Eldred @11.4.4    4 months ago
Are you now claiming that the vaccinated are democrats?   That is really absurd.

Where did you pull that nonsense from? I said nothing of the sort and you know it but nice try at a strawman.

 
 
 
evilgenius
PhD Guide
12  evilgenius    4 months ago

This will be overturned on appeal. In other news:

The US Marine Corps has now discharged a total of 206 service members for refusing to adhere to a  vaccination mandate , up from more than 100 troops who were first removed on December 16. 
 
 
 
Vic Eldred
Professor Principal
12.1  seeder  Vic Eldred  replied to  evilgenius @12    4 months ago

That's what I used to say when all those Obama judges ruled against the travel ban.

 
 

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