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Court: Air Force Cannot Discharge Troops Who Filed for Religious Exemptions from Vaccine Mandate
breitbart ^ | 14 Jul 2022 | KRISTINA WONG

Posted on 07/14/2022 11:53:13 AM PDT by MarvinStinson

A District Court for the Southern District of Ohio on Thursday morning issued a temporary restraining order prohibiting the Air Force from enforcing the vaccine mandate against any airman who has filed a request for a religious accommodation, according to court documents.

Judge Matthew W. McFarland granted a motion brought by airmen to extend a court order from March that prohibited the Air Force from disciplining or separating plaintiffs fighting the mandate based on their religious beliefs to all airmen who filed requests for religious accommodation as a “class.”

The court order is a temporary restraining order (TRO), which is an emergency measure to preserve the status quo for up to 14 days while the judge is considering granting a preliminary injunction (PI), which would in turn last through the entire litigation process. If the judge continues to believe that the mandate is illegal, then the court will convert the TRO to a PI at the end of that window, effectively protecting all of these service members while the Biden administration appeals the decision to the Sixth Circuit appellate court.

The court granted the plaintiffs’ further motion on Thursday to treat all airmen who filed religious accommodation requests as a “class.”

“For the reasons, that follow, Plaintiffs have satisfied the Rule 23(a) prerequisites, as well as Rule 23(b)(1)(a) and Rule 23(b)(2). Thus, class certification is warranted,” the court order said.

(Excerpt) Read more at breitbart.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: airforce; anthonyfauci; court; covidstooges; discharge; exemptions; mandate; mandates; obamacare; troops; vaccinemandate; vaccinemandates; vaccines
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Judge Matthew W. McFarland

nominated to the court by President Donald Trump

1 posted on 07/14/2022 11:53:13 AM PDT by MarvinStinson
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To: MarvinStinson

The National Gardsmen need to file suit as well.


2 posted on 07/14/2022 11:58:19 AM PDT by McGavin999 (To shut down the border tell the administration the cartel is smuggling Ivermectin )
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To: MarvinStinson

A win for the good people!


3 posted on 07/14/2022 12:01:33 PM PDT by piytar (Do NOT forget Ashli Babbit!)
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To: MarvinStinson
The Left is purging the military of patriots.

They want a Praetorian Guard of sheeple.

The Left infiltrates EVERY right-leaning establishment in order to rot it from the inside. They've accomplished much with the church, Boy Scouts, and the Republican Party itself.

4 posted on 07/14/2022 12:11:46 PM PDT by HandBasketHell
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To: HandBasketHell

Indeed.


5 posted on 07/14/2022 12:12:17 PM PDT by RushIsMyTeddyBear
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To: MarvinStinson

Good news.


6 posted on 07/14/2022 12:13:28 PM PDT by Parley Baer
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To: MarvinStinson

I read somewhere that military recruitment was at <40% of target.

It seems that making war on your own soldiers is a stupid policy while trying to confront Russia, Iran, China, etc...


7 posted on 07/14/2022 12:20:58 PM PDT by PGR88
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To: MarvinStinson

Good. But no one should be required to take an experiment drug - see Nuremburg 1945.


8 posted on 07/14/2022 12:21:05 PM PDT by libertylover (Democrats are as determined to kill innocent people as the Nazis.)
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To: piytar

Sort of a win. But you don’t sue the military, win, and enjoy a successful career afterward. The army may have to keep them, but will surely retaliate by denying promotions and/or giving them orders to hell holes.


9 posted on 07/14/2022 12:25:50 PM PDT by DPMD ( )
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To: DPMD
...you don’t sue the military, win, and enjoy a successful career afterward. The army may have to keep them, but will surely retaliate by denying promotions and/or giving them orders to hell holes.

Anyone faced with discharge needs to get out ASAP. They can't trust their senior "leaders". I wouldn't trust the military to add mRNA into any shots they dispensed going forward.

10 posted on 07/14/2022 12:28:50 PM PDT by T.B. Yoits
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To: libertylover

(no one should be required to take an experimental drug)

Yep


11 posted on 07/14/2022 12:38:58 PM PDT by SaveFerris (The Lord, The Christ and The Messiah: Jesus Christ of Nazareth - http://www.BiblicalJesusChrist.Com/)
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To: PGR88

“I read somewhere that military recruitment was at <40% of target.

It seems that making war on your own soldiers is a stupid policy while trying to confront Russia, Iran, China, etc...”

The idiots in charge must think the Chinese wouldn’t put a bullet behind their ear if they could do so.


12 posted on 07/14/2022 1:00:10 PM PDT by laplata (They want each crisis to take the greatest toll possible.)
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To: DPMD

Yup. An unaccompanied tour can ruin a marriage.


13 posted on 07/14/2022 1:03:20 PM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: MarvinStinson

Oh so they just want WHITE PILOTS is it now?-)


14 posted on 07/14/2022 1:14:19 PM PDT by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: MarvinStinson
How in heck can a US District Court enjoin the USAF and make it stick?

How come the Judicial Branch never seems to realize the Executive Branch handles enforcement?   Will the DOJ send US Marshalls storming into USAF Bases to what, force Airmen to go back to work?

15 posted on 07/14/2022 1:23:17 PM PDT by higgmeister ( In the Shadow of The Big Chicken)
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To: gundog
Yup. An unaccompanied tour can ruin a marriage.

That's why I got out.   I was assigned to the Readiness Command Headquarters (what became United States Strike Command) building Tech Control Facility at MacDill AFB in Tampa.   We all had TS Clearance and every Staff Sgt that anyone could remember going back for several years were posted to unaccompanied remote tours in the mountains near Diyarbakir, Turkey.   It was as if they didn't want any of us who knew things to be around anyone in the real world.

Pirinçlik Air Base

In 1970, the name Diyarbakir Air Station was changed to that of Pirinçlik, the name of the small village 30 km west of Diyarbakir where the unit was actually located.

Pirinçlik Air Station was a remote site, where personnel lived in Quonset hut dorms, had one club for socialization, could not leave the base at night, and had few shopping or entertainment opportunities other than an occasional temporary duty to İncirlik. This site was so small that the perimeter fence was practically visible from anywhere on station. The staff consisted of 150 airmen which included 30+ officers, 120 American civilian contractors, and nearly 300 Turkish military and civilians.

I wanted to stay married.   My wife and I just made 48 years together a couple of weeks ago.

16 posted on 07/14/2022 1:59:54 PM PDT by higgmeister ( In the Shadow of The Big Chicken)
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To: MarvinStinson

But it does not prohibit a letter of reprimand to their file which results in a standard discharge, the equivalent of that given to those convicted of rape and other crimes.

It also does not prohibit taking them off of flying status as punitive punishment as a matter of retribution for the commanders not getting all green lights on their goals and objectives.

It also does not prohibit the chain of command from ruining otherwise spotless and promising careers and blocking advancement. Again, as retribution.

I wouldn’t work for the pricks.


17 posted on 07/14/2022 2:26:25 PM PDT by Sequoyah101 (Politicians are only marginally good at one thing, being politicians. Otherwise they are fools.)
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To: T.B. Yoits

Exactly. However, they have these people under contract. Getting out isn’t just easy. They get to keep you, like in jail or under house arrest and torment you.

The only thing uniform about the UCMJ is how uniformly it favors the command. You have no rights to speak of in the military. That is one of the reasons I told them to take a hike nearly 50 years ago. I’m no good at following mindless orders given by lower life forms.


18 posted on 07/14/2022 2:30:18 PM PDT by Sequoyah101 (Politicians are only marginally good at one thing, being politicians. Otherwise they are fools.)
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To: higgmeister
We had a guy in the orderly room that nobody gave a lot of thought to. He was quiet and a little effeminate. Some people thought, without evidence, that he might be gay. One day we learned that he had a wife. She was apparently quite beautiful. We found out because he got orders to Turkey...Incirlik, I believe...for one year, unaccompanied. He went home for lunch one day and found his wife had shot herself.

I know of another case where a woman in the Navy quit after 16 years. Got hit for an unaccompanied tour to Afghanistan. Got pregnant, instead.

19 posted on 07/14/2022 2:38:39 PM PDT by gundog ( It was a bright cold day in April, and the clocks were striking thirteen. )
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To: MarvinStinson

Watch Biden order them to do it anyway.


20 posted on 07/14/2022 3:13:06 PM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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