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Court: Air Force Cannot Discharge Troops Who Filed for Religious Exemptions from Vaccine Mandate

Court: Air Force Cannot Discharge Troops Who Filed for Religious Exemptions from Vaccine Mandate

July 14, 2022 | By Kristina Wong | Breitbart

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 31 that prohibited the Air Force from disciplining or discharging plaintiffs fighting the mandate based on their religious beliefs to all airmen who filed religious accommodation requests 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.

“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.

It further said: “Because the Plaintiffs have satisfied the necessary Rule 23 requirements, the Court will certify the following class:

All active-duty and active reserve members of the United States Air Force and Space Force, including but not limited to Air Force Academy Cadets, Air Force Reserve Officer Training Corps (AFROTC) Cadets, Members of the Air Force Reserve Command, and any Airman who has sworn or affirmed the United States Uniformed Services Oath of Office and is currently under command and could be deployed, who: (i) submitted a religious accommodation request to the Air Force from the Air Force’s COVID-19 vaccination requirement, where the request was submitted or was pending, from September 1, 2021 to the present; (ii) were confirmed as having had a sincerely held religious belief by or through Air Force Chaplains; and (iii) either had their requested accommodation denied or have not had action on that request.”

 

The court has ordered the Air Force to file a supplemental brief no more than 10 pages in length and no later than July 21, 2022, identifying why the court should not grant a class-wide preliminary injunction.

 

The case is Doster v. Kendall, No. 1:22-cv-84 in the U.S. District Court for the Southern District of Ohio.

Link To Read the Full Article Here

Link To Document_Doster v. Kendall, No. 1:22-cv-84_Air Force-Doster-Order-on-Pending-Motions


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Great News! New York Gov. Hochul’s Covid Concentration Camp regulation struck down by Court!

Great News! New York Gov. Hochul’s Covid Concentration Camp regulation struck down by Court!

July 12, 2022 | By Children’s Health Defense New York Chapter | Uniting NYS

Yesterday afternoon a New York State Superior Court Judge struck down a regulation issued by Governor Kathy Hochul earlier this year that gave herself sweeping new powers to arrest and detain indefinitely anybody suspected of exposure to Covid or any other communicable disease.

“This is a great victory for the rule of law, for the Constitution, and for We the People.  New Yorkers can now rest easy that they will not be subjected to illegal forced isolation and quarantine by unelected bureaucrats in the Executive Branch of government.” Said Bobbie Ann Cox, the attorney who filed and argued the suit for Uniting NYS and a group of Republican legislators. “The Executive Branch has rightfully been put back into their lane.  They cannot make or alter laws… only the Legislative Branch can do that.”

Judge Ronald Ploetz of Cattauragas County noted in his decision that New York has a longstanding law, Public Health Law (PHL) 2120,  governing how people could be quarantined to prevent transmission of communicable disease.  Current New York  law allows physicians and public health officers to report people known to have a communicable disease to health authorities who can then obtain a court order by submitting proof to a judge that a quarantine is necessary, and the suspected carrier would have legal counsel, all of which are required by both the United States and New York Constitutions. Only then could the Court order the infected person to be involuntarily quarantined until the Chief Medical Officer of the hospital or quarantining institution determines the person was no longer infectious.

Hochul’s regulation allowed public health officers to arrest people suspected of having been exposed to a communicable disease, which in the age of Covid means everybody, with no need for proof of infection, no hearing, no magistrate, and no legal counsel for the accused. The accused could be held for an indefinite period at the health department’s discretion since actual infection by a disease was not required for arrest and detainment.

Judge Ploetz wrote in his decision, “The Commissioner (of the New York State Department of Health)  has unfettered discretion to issue a quarantine or isolation for anyone, even if there is no evidence that person is infected or a carrier of the disease. Further, the Commissioner sets the terms, duration, and location of the detention, not an independent magistrate as required by PHL $ 2120.”

The legislators joining the suit include State Senator George Borello, Assemblymember Mike Lawler, and Assemblymember Chris Tague. New York Assembly Minority Leader Will Barclay and Assemblymember Andy Goodell submitted an amicus brief.

Legislation, mostly recently called Assembly bill A416, giving the Governor similar powers languished for years in the Assembly until the bill’s sponsor withdrew the proposal at the end of 2021 after a barrage of negative national publicity. Hochul immediately proposed new regulations that gave herself even more power to arrest and detain than in A 416.

As always, an appeal by the State should be expected. Please help Bobbie Ann Cox and Uniting NYS with Hochul’s inevitable appeal here: https://give.cornerstone.cc/coxlawyers

The regulation (NYCRR 2.13, Isolation and Quarantine Procedures) Judge Ploetz rendered null and void can be read here:

https://regs.health.ny.gov/volume-title-10/content/section-213-isolation-and-quarantine-procedures

Read Judge Ploetz’s decision here:

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=t7H9MItLf4J8I/BiLeCKTw==&system=prod

Please share this message with friends and families and share on social networks while we still can.

Link To Full Article Here

 


 

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