What’s Next in the Case Against the Department of Defense

Liberty Counsel ^ | 10/18/2021 | Liberty Counsel

[ducttape45]

Liberty Counsel filed a class action lawsuit Oct. 15, 2021, against Joseph R. Biden, Department of Defense and Department of Homeland Security on behalf of members from all branches of the military, federal employees and federal civilian contractors. The lawsuit is regarding unlawful COVID vaccine mandates that result in dishonorable discharge or termination of employment if refused.

Since this has been filed as a class action lawsuit, people have been inquiring about joining or being named in the suit. That option is not yet available as certification of the class action is still pending.

Until then, Liberty Counsel motioned for a temporary restraining order (TRO) and preliminary injunction on behalf of the plaintiffs "against the Defendants’ enforcement of the unconscionable, unconstitutional, and unlawful Federal COVID-19 Vaccine Mandate that all United States Armed Forces service members, civilian federal contractors accept or receive a COVID-19 vaccination in violation of their sincerely held religious beliefs."

Why are the TRO and preliminary injunction needed in this case?

Equitable in nature, both TROs and preliminary injunctions are court orders requiring a person to do or cease doing a specific action. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her course of action to prevent possible injustice and irreparable harm to the plaintiff. It is an extraordinary remedy that courts utilize in special cases to alter or maintain the status quo, depending on the circumstances.

In this case, a TRO or preliminary injunction could put a temporary halt on vaccine mandates nationwide for the three categories of plaintiffs named in the lawsuit: military, federal employees and federal contractors.

Liberty Counsel has stated that injunctive relief is appropriate. The plaintiffs are likely to succeed on the merits of their Religious Freedom of Restoration Act and First Amendment claims against the Federal COVID-19 vaccine mandate, as well as the claim that the mandate violates the EUA provisions of the Federal Food, Drug and Cosmetic Act.

"An injunction against Biden and his administration would apply nationally to all three categories in the lawsuit—everyone in the military, federal workers and federal civilian contractors," says Mat Staver, founder and chairman of Liberty Counsel. "A win on Count One [upholding provisions under the Emergency Use Authorization law] will impact everyone nationwide to have the option to accept or refuse the shots."

[ducttape45]

In the article it says that "Since this has been filed as a class action lawsuit, people have been inquiring about joining or being named in the suit. That option is not yet available as certification of the class action is still pending."

So for the time being no one can join the lawsuit, but I assume we will once it gets past the first initial stages.

More to follow

[ducttape45]

Pinged. Let me know if you get this.

[Gene Eric]

The Pfentagon

[Tai_Chung]

3 categories of Plantiffs

military
federal employees
federal contractors

Are military not considered federal employees?
How many people could this potentially cover?

[WinMod70]

Got it, thank you. A bit odd the followup is dated 10/14 and the original came out 10/15, regardless I’m glad this is getting attention. Please keep me tagged.

[adorno]

It should be a lot easier to file lawsuits against government entities if they issue mandates or edicts or rules/regulations, which are clearly unconstitutional or against laws currently in the books. (Perhaps a law should come out of this).

And, those that violate the constitution, should be punished, since they should know better. Punishment should include have to resign their positions.

[M Kehoe]

The Pfentagon

That’s the Pentagon on fentynel.

5.56mm

[Babsig]

Trust me. There are many lawsuits being filed or going to be. Working on one now for my spouse and his boss.

[M Kehoe]

I’m paying attention.

5.56mm

[RBW in PA]

"Please keep me tagged"

For anyone who want to track this case, you can follow it at:

Navy Seal 1 et al v. Biden et al

If you look closely at this page, there is even an option to sign up for an RSS feed.

[RBW in PA]

"Please keep me tagged"

For anyone who want to track this case, you can follow it at:

Navy Seal 1 et al v. Biden et al

If you look closely at this page, there is even an option to sign up for an RSS feed.

[Harmless Teddy Bear]

To answer your question no, the military is not considered federal employees.

[little jeremiah]

Got it, thank you very much.

[taxcontrol]

I do not have a direct dog in this fight as I am not active, reserve or a DOD civilian. However, this fight has far reaching impacts. If the DOD is not stopped here, we can then see the VA enforcing mandates in order to be treated, etc.

Thank you for bringing this case!

[BiglyCommentary]

Great. Can go into Pacer and see the updates/progress.

[RBW in PA]

Don’t you need an account and have to pay for Pacer access?

[WinMod70]

Thank you.

[exnavy]

When a person goes on active duty the constitutional rights of that person are suspended, that person is now subject to the UCMJ ( uniform code of military justice). A civilian federal employee is still covered by the constitution. Hence, two seperate catagories, if you will.

[ducttape45]

Hey cool, thanks for that.

[ducttape45]

That’s not entirely true. Where I work, most of the positions are filled with what is called an “ART,” Air Reserve Technician. They are traditional reservists on drill weekends, but they are civilian employees at all other times.