Posted on 11/22/2021 3:06:41 PM PST by ducttape45
Today in our Navy SEAL 1 v. Biden case, federal judge Steven Merryday ordered each branch of the military to file a detailed report every 14 days beginning January 7, 2022. The order also stated that the federal executive orders regarding federal employees and civilian contractors expressly require religious exemption.
Judge Merryday wrote that the military plaintiffs’ claim that the accommodation process is a ruse are “quite plausible” under the federal Religious Freedom Restoration Act because the reports filed by the military branches thus far revealed not one of the 16,643 requests for religious accommodation have been granted and hundreds have been denied at the first stage, including one denied at the appeal stage.
The order states more data will be helpful: “The importance of a person’s right to religious liberty, protected in the Free Exercise Clause of the First Amendment to the Constitution and the explicit implementing commands of RFRA, commends deferring the resolution of the service members’ motion for preliminary injunction pending the accumulation and reporting of additional data and the resumption—with the benefit of more complete and telling data—of the hearing on the motion for preliminary injunction.”
Judge Merryday has ordered the Department of Justice to file every four weeks, beginning January 7, 2022, a notice providing separately for each branch of the military: (1) total number of religious exemption requests, the aggregate number of denials, denials where belief found sincere, appeals pending, denials where appeal time has passed and number of successful appeals; (2) total number of medical exemptions, (3) other exemptions granted and (4) number of disciplinary proceedings and actions taken after denial in an appeal.
Regarding the Emergency Use Authorization count, Judge Merryday ruled there is no private cause of action under 21 USC 360bbb-3(e)(1)(A) (the general right to refuse provision) and no military member can likely prevail under 10 USC 1107 because the military says it is using Pfizer’s EUA but complying with the FDA license. This representation by the military is suspect as the FDA, CDC, NIH and Pfizer all say that Comirnaty is not available. The military argued that even though Comirnaty is not available, it is using the Pfizer EUA product, which the Department of Justice argued is the same substance as Comirnaty and thus complies with the FDA license. The court completely ignored the clear legal distinction between Pfizer’s EUA and BioNTech’s Comirnaty.
Judge Merryday ruled there was no qualified federal employee (without any reference to the submitted amended complaint) or civilian contractor employee because Executive Orders 14042 and 14043 “expressly require religious exemption, and federal guidance commits to the employing federal contractor and to the employing federal agency, respectively, the discretion to resolve an employee’s request for a religious exemption.”
The major takeaways from Judge Merryday’s order include the following: (1) The military branches must filed detailed reports every 14 days beginning January 7, 2022, because the Plaintiffs’ claim under RFRA that the process is a ruse that will result in denial of religious accommodation requests is “quite plausible” and thus injunctive relief could still issue depending on the continual reporting results; and (2) The Executive Orders 14042 and 14043 “expressly require religious exemption.”
Liberty Counsel Founder and Chairman Mat Staver said: “Although the court withheld an injunction today, the military will now be under a microscope to report the status and disposition of all religious exemption requests. The military has not granted any of the 16,643 requests. The military now has a clear choice—voluntarily accommodate those with sincere religious beliefs or be ordered by the court to accommodate sincere religious beliefs. Federal employers and civilian contractor employers must hear the message from this court loud and clear—the federal executive orders expressly require religious exemption.”
Again, I’m sorry for double posting about this. I’m going to ask the moderator to remove my earlier posting.
Thank you for posting on this.
The purge of our military is the final nail on this countries coffin.
It is the last box.
Judge did a big disservice to the Military, Federal and Federal contractors. He should of issued an injunction immediately. By the way, today is the last day to comply or face disciplinary action. Fourteen day reporting starting in January only keeps undue stress on this seeking an exemption. I still want to see the “I simply don’t want it option.” At this point I expect nothing good will come from the courts.
Screw the legal distinction...compare the ingredients between Comirnaty and the EUA - they are not the same. There are 4 ingredients in the EUA that are not found in the Comirnaty and one in the Comirnaty that is not in the EUA. Now do they do the same thing? That is the real question. But they are not the same ingredient wise and legally.
Also, for private companies with "government xontracts" how can getting the Moderna or JnJ shot satisfy the EO to get an approved vaccine?
Appalling. For those of us who remember America, this is shocking to our American souls. It “couldn’t ever happen here”. It’s happening. Our military is being changed in ways that would take years to repair- even if the will were there.
I work in a hospital in the southeast. We received our exemption forms this week. I thought and prayed before answering mine. I filled out the form, answering in the clearest way I knew. Within 2 hours I received an email stating my exemption was denied. On December 6 I (and many others) will be suspended without pay. We will have another month to comply. If we don’t, we will be terminated.
I don’t know where we’re headed, but I’m not as optimistic as I was a month ago.
It is rumored that to even get access to the military base I work at, I'll have to provide proof of a negative test. I'm not paying for the test, which leaves it to the military to provide the test. But if we can't get on the base, how will we be able to do that?
All these shenanigans makes me want to just leave and not look back. I love who I work for as far as the immediate staff and personnel, but I trust no one higher up and I know that they will make life as difficult as possible.
If they stick that long swab in you wrong, it could penetrate the physical blood-brain barrier.
So sorry to hear that, SE Mom. Hopefully you’ll find a better job soon.
Ping.
Prayer and fasting, prayer and fasting... perhaps if enough of us repent and serve penance for this nation, God will be merciful to all who turn to him to limit or suffering as His hand of protection is lifted from the world and the last times begin.
Same here, need to be swabbed within 72 hours to get on base. I would pay for it (insurance would cover), but have found no one who will do the test in that time frame... everyone who offers the rapid test (same day) requires an assessment to see if it is medically necessary (e.g. verified COVID specific symptoms signed off by pharmicist or MD). I wasted countless hours now visiting/ calling multiple health care providers and ultimately none of them would give me the rapid test. One of the health center nurses said, “Just have your employer call one of our physicians and he will explain to them that if you don’t have symptoms you don’t need a test.” Oh the irony. The longer test has a turn-around time of 3 to 5 days, so it likely won’t meet the requirement. I am supposed to be representing my 700 person organization in a very important classified meeting all week. Today I went in and led the discussion; tomorrow I can’t go in. It is frustrating.
Do the FDA approved home rapid tests count as a test?
All this is nothing short of harassment. That’s all it is. They are trying to find any and every way possible to get people like us to quit.
I do not know
Start your own private practice. As long as Americans continue to study hard to get into college while getting good grades in order to get an even better job is BROKEN.
Work for yourselves. The people who own a business are the only one’s who will drive a high end car, live in a huge house, and go on great vacations that cost too darn much.
.
Thanks for the ping. I read this thread around 0400 and decided I better get my personal effects out of the office. Made the trip in and had everything I wanted boxed and out by 0600. That marked only the 3rd time I was in the office since March 2019 and will probably be the last. I had no problems at the gate getting in but figure it’s only a matter of time until they load vax status info on DoD badges.
There is still no indication of when guidance will be coming down to the base level. The Wing king here doesn't want to get involved with decisions about deciding who goes and who stays. He's a coward and doesn't want to get his hands dirty, pure and simple.
So we STILL do not know what's going to happen. I'll be 61 next month, and though I don't want to leave or get forced out, I have to consider the fact that I may have to take an early retirement.
Other than that, zilch. I heard rumors that they'll start requiring vaccine passports at the main gate, but I also heard that they'll require it to enter specific buildings, so again, it's all hearsay.
The only saving grace I think we have is that First Liberty Institute has a civil case still pending in Texas, but other than them, all the rest have fallen short of expectations.
I'm going to re-read the 35 page summary from the case in FL this weekend, but suffice to say I think the jist of the judgment says they won't do anything unless they see exemptions being denied. That's like saying they won't do anything until after you've been robbed or killed. STUPID!
Can you identify the military installations that will require vaccinations to access the base. I’m in MS and I haven’t seen any restrictions, yet and I do travel to the panhandle regularly.
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