Tag Archive for: vaccine mandate

U.S. Coast Guard Apparently Had Pre-Written Denials For Vaccine Exemption Requests, Docs Show

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  • Coast Guard documents obtained by the Daily Caller News Foundation appear to show canned justifications commanders can cut and paste into vaccine exemption requests, experts told the DCNF.
  • Existence of the statements suggests the Coast Guard may have violated requirements to consider the unique circumstances surrounding each request, experts said.
  • “It is very easy for a commander to have a closed mind when there is a pre-written language presented to them in draft form,” Dwight Stirling, former military attorney and founder of the Center for Law and Military Policy, explained to the DCNF.

The Coast Guard had pre-written justifications for denying COVID-19 vaccine exemption requests, according to documents obtained by the Daily Caller News Foundation.

Justifications in the document differ according to the position each Coast Guard member requesting an exemption occupied and where he or she was stationed, but each of the 30 listed follows a similar pattern of highlighting the operational requirements for each position and explaining why vaccination is necessary. The DCNF could not determine exactly how those in charge of deciding exemption cases applied each justification to individual requests, but the document indicates they failed to consider the unique circumstances of each applicant, a violation of Coast Guard policy and U.S. law, experts told the DCNF.

“All the commander needs to do is sign the memo and the matter is finished,” Dwight Stirling, former military attorney and founder of the Center for Law and Military Policy, explained to the DCNF.

Coast Guard policy aimed at protecting First Amendment rights requires leaders to individually review each vaccine exemption request, and the Religious Freedom Restoration Act says armed forces must demonstrate a “compelling interest” in overruling religious accommodations.

Mike Rose, general counsel for Stand Together Against Racism and Radicalism in the Services, said he could not confirm whether the document was used to help the Coast Guard violate policy. However, he agreed that it appears to contain pre-written statements “designed to be applied automatically to each individual Coast Guardsmen based on the nature of their assignment.”

“I also considered that you are assigned to an operational billet,” reads one of the justifications, directed at a cook aboard CGC Angela McShan. “Your duties as the senior Culinary Specialist requires frequent interactions with the entire crew in smaller, enclosed spaces that do not afford the opportunity to consistently social distance in accordance with the Center for Disease Control’s recommended guidelines.”

The document contains a separate section labeled “COVID-19 and Other Requests” with responses to multiple religious exemptions related to the COVID-19 vaccine listed below.

The first response addresses Coast Guard members’ request to be exempt from all future vaccines developed from mRNA or viral vector technology, which are used in the top COVID-19 vaccines.

“The Coast Guard cannot predict which vaccines in the future will be mandated and of those which will be developed with mRNA or viral vector technology. Therefore, because of the broad nature of your request, it is denied,” the document reads, with “it is denied” in boldface type.

The document also contains language for commanders denying religious exemptions to any COVID-19 vaccine: “I am the adjudication authority for religious accommodation requests pursuant to reference (d),” it reads.

“I have carefully reviewed your request in accordance with references (d)-(f). Your request is denied,” it concludes, also with the final sentence in boldface.

The document does not contain any language that would seem to approve an exemption request.

Of 1,350 religious accommodation requests received since the mandate came into effect in August 2021, the Coast Guard approved 12, along with eight permanent medical exemptions, a Coast Guard spokesperson told the DCNF.

“Giving commanders suggested reasons to consider that might justify denying an exemption from the vaccine in an individual case might not be wrong and could be justifiable legal advice,” Rose told the DCNF. “What would be wrong and impermissible would be to deny an exemption without regard to the individual circumstances and to use the pre canned statements to justify those denials.”

Military lawyers often cut and paste from memos or briefs, Stirling explained.

“While we don’t know whether the Coast Guard commanders pre-judged the exemption cases before them, it would not be shocking to learn that they did so,” he said. “From my experience, it is very easy for a commander to have a closed mind when there is a pre-written language presented to them in draft form.”

House Oversight Committee Republicans confirmed the document’s authenticity, saying they had obtained a similar document, but did not respond to further questioning about its contents. The document’s metadata says it was created in August 2022.

The Coast Guard fell under scrutiny after an investigation by members of the Oversight Republicans found that the Coast Guard used a computer-based tool, consisting of drop-down menus with premade answers for sections of the appeal response form, to issue mass denials of religious accommodations, Fox News first reported.

However, lawmakers alleged that the Coast Guard deliberately stood up the exemption request review system “to reach predetermined conclusions with the goal of rejecting applications” in a letter to Coast Guard Commandant Adm. Linda Fagan.

“Every request received individualized review and analysis in accordance with law and Coast Guard policy,” a Coast Guard spokesperson told the DCNF.

The Department of Defense (DOD) officially nullified the military vaccine mandate Tuesday; while the Coast Guard operates under the Department of Homeland Security, it has followed DOD guidance related to COVID-19.

AUTHOR

MICAELA BURROW

Reporter.

RELATED ARTICLE: Court Decides Air Force ‘Wrongly’ Dismisses Religious Exemption Requests From Unvaxxed Airmen

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved. All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

After Coast Guard Academy ‘Excommunicated’ Cadets For Refusing Vaccine, Pleas For Reinstatement Go Unanswered

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  • The Coast Guard Academy has not reinstated seven Coast Guard cadets discharged for refusing the COVID-19 vaccine after the academy denied religious exemption requests, representatives of the cadets told the Daily Caller News Foundation.
  • The cadets hoped a new law nixing the military’s COVID-19 vaccine mandate would allow them to re-join.
  • “They are the only cadets that are getting screwed,” retired Coast Guard Vice Adm. William Dean Lee told the DCNF.

Seven Coast Guard cadets booted in September after commanders denied their vaccine exemption appeals were not reinstated after a last ditch effort to allow them to start the new semester, which began Wednesday, representatives of the cadets told the Daily Caller News Foundation.

The cadets hoped that law overturning the Department of Defense (DOD) COVID-19 vaccine mandate would persuade the Academy to permit the cadets, already behind by one semester, to re-join with their cohort, one of the cadets involved and advocates for the group told the DCNF. Among the military schools, the Coast Guard Academy, which operates under the Department of Homeland Security (DHS) in peacetime, is the only one to have officially dismissed unvaccinated cadets, the advocates said.

“I sent a letter to the Coast Guard Academy superintendent asking him to use his administrative powers to have us go back in since the [National Defense Authorization Act] was signed by the president and the mandate should be lifted soon,” Sophia Galdamez, one of the seven discharged, told the DCNF.

“However, all he responded with is that it’s out of his control, and you don’t have authority over that decision. And for me and my family to have a happy holidays,” she added.

Although operating under DHS authority, the Coast Guard went along with the mandate after Defense Secretary Lloyd Austin announced it in August 2021 as the FDA officially approved the first COVID-19 vaccines for use. Congress’ defense bill for 2023, signed into law on Dec. 23, overturned the service-wide vaccine mandate.

Despite being a semester behind the other cadets in their cohort, the seven could still achieve their commissions if the Coast Guard allowed them to rejoin, retired Coast Guard Vice Adm. William Dean Lee, who, along with retired Rear Adm. Peter J. Brown, is lobbying to have the cadets reinstated, told the DCNF. Cadet processing began Wednesday, while classes are slated to begin on Jan. 9.

After initially refusing the vaccine on the grounds of religious belief in the fall of 2021, “I was immediately treated differently than all my other classmates that were vaccinated,” Galdamez told the DCNF. “I was bullied by my command and administrators, faculty at the academy.”

Administrators confined her behind a plexiglass barrier at the back of the classroom, she told the DCNF. One teacher pulled her aside to commend her performance as a student, but said her unvaccinated status would impede academic progress, Galdamez said.

She and her fellow unvaccinated cadets submitted requests for religious exemptions, which authorities are required to review on an individual basis.

Citing the government’s “compelling interest in mission accomplishment,” the force’s time sensitive role in emergency response and high rate of interaction with the general public, Coast Guard adjudicator Capt. Eugenio S. Anzano shot down Galdamez’s exemption request in a letter, dated March 4, 2022, that was shared with the DCNF.

“I do not question the sincerity of your religious belief or whether vaccine requirements substantially burden your religious practice. The Coast Guard reserves the opportunity to make these determinations, but I do not need to address them here to resolve your request,” Anzano wrote.

When the Coast Guard denied Galdamez’s request, she appealed, but the answer remained firm. The Coast Guard struck down Galdamez’ appeal on May 2, according to a copy of the response letter shared with the DCNF.

Days after reporting to campus for the fall semester on Aug. 15, the cadets were called into the office and told they had 24 hours to pack and leave campus, Galdamez said, a statement echoed by Michael Rose, a pro-bono legal counsel for several of the cadets, according to The Day newspaper. Two of the cadets did not have homes to which to return.

The cadets were formally discharged on Sept. 23, according to Stand Together Against Racism and Radicalism in the Services, where Rose serves as general counsel.

“I sent letters to the academy, senators have written letters on [sic] the cadets’ behalf. And so far we have heard nothing regarding our reinstatement or if I’d be able to finish my degree and commissions,” Galdamez told the DCNF Wednesday.

Academy superintendent Rear Adm. William Kelley acknowledged receipt of Galdamez’ letter and wished her a “good holiday season” but did not indicate future action in an email dated Dec. 22 that was shared with the DCNF.

Republican Sen. Lindsey Graham of South Carolina wrote to Coast Guard Commandant Adm. Linda Fagan pressing for the servicemembers’ reinstatement, according to a Dec. 22 letter the senator’s office shared with the DCNF.

Galdamez is one of thousands of servicemembers who remain in limbo as the DOD develops new guidance on COVID-19 vaccination, while lawsuits challenging the legality of the mandate and whether military leaders appropriately considered exemption requests continue to make their way through court.

The Air Force and Navy and Marine Corps have been placed under an temporary injunction against discharging unvaccinated troops, while the Army has paused separations.

“They are the only cadets that are getting screwed,” Lee told the DCNF.

The National Defense Authorization Act gave DOD a 30 day period to develop new COVID-19 guidance but stopped short of calling for reinstatement or restitution to the roughly 8,400 already discharged for refusing to receive the vaccine.

“The Coast Guard, in coordination with the Department of Defense, is evaluating policies with respect to previously separated members, including cadets,” a spokesperson for the Coast Guard told the DCNF.

“I think it’s important to let the service members back in, and for the service members to accept going back in, because this mandate and then the subsequent denial and basically excommunication of all these service members was getting rid of a good group of people … enlisted and officers alike that display true leadership qualities that are needed in our military at the moment,” Galdamez said to the DCNF.

The Coast Guard Academy did not return a phone call from the DCNF.

AUTHOR

MICAELA BURROW

Reporter.

RELATED ARTICLE: Coast Guard Illegally Denied Hundreds Of Vaccine Exemptions, Attorneys Say

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved. All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Court Orders New York City To Reinstate Unvaccinated Employees, Give Backpay

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The New York State Supreme Court ruled Tuesday that New York City cannot fire employees for not getting vaccinated against COVID-19, dealing a blow to Democratic Mayor Eric Adams’ pandemic policy.

The court ordered the city to reinstate all fired employees and grant them backpay, citing the fact that being vaccinated against COVID-19 does not stop an individual from catching or spreading the virus, and thus being vaccinated does not grant enough community-wide benefit to warrant a mandate. The health commissioner “acted beyond his authority” by issuing an indefinite vaccine mandate rather than a temporary one, according to the court.

Adams said earlier this year his administration would not bring back workers who had been fired due to being unvaccinated. Roughly 1,400 workers were ultimately let go, including a number of firefighters and police officers. Adams came under fire for not allowing an exception to the mandate for those workers after he granted one to celebrities who were competing in sports or putting on performances in the city.

“States of emergency are meant to be temporary,” the court said in its ruling. “The question presented is whether the health commissioner has the authority to enact a permanent condition of employment during a state of emergency.”

The court ultimately found that the commissioner did not have that right.

Many COVID-19 vaccine mandates were put in place based on the rationale that the vaccines could drastically reduce the chances of a person becoming infected or transmitting the virus if they were infected, so getting vaccinated was not only a benefit to the individual getting the shots, but everyone around them.

However, as more data emerged to indicate that the vaccines are only marginally effective at stopping spread, particularly against newer variants of the virus, that rationale became less convincing. The New York Supreme Court pointed this out in its decision, saying “being vaccinated does not prevent an individual from contracting or transmitting COVID-19… the Petitioners should not have been terminated for choosing not to protect themselves.”

AUTHOR

DYLAN HOUSMAN

Healthcare reporter. Follow Dylan on Twitter

RELATED ARTICLE: Vaccine Mandate Protests Explode Across New York City, With Some Chanting ‘F*ck Joe Biden’

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

EXCLUSIVE: Sen. Blackburn To Introduce Legislation Backing National Guard Members Set To Be Fired Over COVID Vaccine Refusal

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Republican Tennessee Sen. Marsha Blackburn will introduce legislation Thursday that would ban federal funds from being used to implement any requirement that a National Guard member must receive a COVID-19 vaccine.

The legislation, first obtained by the Daily Caller, comes as up to 40,000 U.S. Army National Guard members are set to be fired Thursday for refusing to take the COVID-19 vaccine. Blackburn said she is introducing the legislation to protect the 40,000 guardsmen and said firing them would be a threat to U.S. national security.

“Our servicemembers are the bedrock of America,” Blackburn told the Daily Caller before introducing the legislation. “Firing 40,000 Guardsmen for refusing the COVID vaccine would be both a complete disgrace and a threat to our national security. I am honored to stand beside our National Guardsmen and women by introducing this legislation to protect them from President Biden’s forever pandemic.”

READ THE LEGISLATION HERE: 

(DAILY CALLER OBTAINED) — … by Henry Rodgers

“We’re going to give every soldier every opportunity to get vaccinated and continue their military career. Every soldier that is pending an exemption, we will continue to support them through their process,” Lt. Gen. Jon Jensen, director of the Army National Guard, said in an Associated Press interview regarding the vaccine mandate. “We’re not giving up on anybody until the separation paperwork is signed and completed. There’s still time.” A number of House Republicans have introduced legislation to put an end to vaccine and mask mandates. In late September, a group of House Republicans introduced a bill that would prohibit federal agencies from implementing vaccine mandates.

The Daily Caller contacted the Department of Defense (DOD) and the White House about this legislation and about the jobs of the 40,000 National Guardsmen who remain unvaccinated. White House Press Sec. Karine Jean-Pierre would not answer the questions and referred the Caller to the Army. The DOD did not immediately respond.

AUTHOR

HENRY RODGERS

Senior Congressional correspondent. Follow Henry Rodgers On Twitter

RELATED ARTICLES:

Up to 40,000 Unvaccinated Army Guard Troops at Risk of Dismissal as Deadline for Vaccine Mandate Looms

EXCLUSIVE: Rep. Clyde, House Republicans Introduce Legislation To Block Future OSHA Vaccine Mandates

EXCLUSIVE: House Republicans Introduce Bill That Would Prohibit Agencies That Received COVID Funds From Issuing Vaccine Mandates

Youngkin Urges Pentagon To Ease Up On Vax Mandate As Tens Of Thousands Of Troops Face Discharge

EDITORS NOTE: This Daily Caller column is republished with permission. ©All rights reserved.

Soviet Era Inspired Agitprop Shows up in Washington, D.C.

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The First Amendment is a beautiful thing. It allows even former Soviet Agitprop artists to show off their wares on the walls of Washington, D.C.

Agitprop refers to an intentional, vigorous promulgation of ideas. The term originated in Soviet Russia where it referred to popular media, such as literature, plays, pamphlets, films, and other art forms, with an explicitly political message in favor of communism.

This is fitting since Joe’s middle name is Beijing.

The Last Refuge reported:

Some brilliant, soviet era inspired agitprop showed up in Washington DC overnight highlighting the agenda of the current Joe Biden administration.

No-one knows who the artist is….

The artwork has a certain familiarity.

AGITPROP POSTER 1

AGITPROP POSTER 2

AGITPROP POSTER 3

AGITPROP POSTER 4

I love great agitprop.  This type of sand is very difficult for the regime to keep sweeping away….

The artist is unidentified for obvious reasons, but it looks like something Oleg would do.

We must agree that it looks like something Red Square would do.

To read more Agitprop by Red Square visit our contributor The Peoples Cube.

©Dr. Rich Swier. All rights reserved.

12 More States Sue Biden Administration Over Vaccine Mandate

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Twelve states announced Monday they are suing the Biden Administration to block the vaccine mandate for health care workers, arguing the mandate is unconstitutional and violates several federal laws.

Attorney generals from Alabama, Arizona, Georgia, Idaho, Indiana, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, Utah and West Virginia announced the suit Monday, saying “the Biden Administration is playing statutory shell games with the courts, straining to justify an unjustifiable and unprecedented attempt to federalize public health policy and diminish the sovereign States’ constitutional powers.”

“No statute authorizes the federal Executive to mandate vaccines to increase societal immunity,” the suit reads, noting President Joe Biden has touted the vaccine as a way to increase immunity. “The Administration’s solution? Use statutory schemes never before interpreted to allow federal vaccine mandates to shoehorn the President’s goals into the fabric of American society.”

The suit argues against the mandate requiring Medicare and Medicaid health care workers to be vaccinated is unconstitutional and harms patient care as employees are forced to either take the shot or lose their job.

“The Vaccine Mandate causes grave danger to vulnerable persons whom Medicare and Medicaid were designed to protect – the poor, sick, and elderly – by forcing the termination of millions of ‘healthcare heroes’,” the suit reads.

The states’ are asking for a preliminary injunction to halt the enforcement of the mandate.

Montana Attorney General Austin Knudsen called the mandate as “unconstitutional power grab.”

“The federal mandates are not about health – they are about forced compliance. Healthcare workers should be allowed to make their own decisions about their health – not President Biden. If his unprecedented overreach is not stopped, healthcare workers will lose their jobs threatening access to medical care that Montanans need.”

Alabama Attorney General Steve Marshall said “this is about so much more than vaccines. It’s about planting a flag to say that ‘enough is enough.’ The federal government’s power is not boundless, but if we are vigilant to fight here and now, there will be no going back.”

Health care employees who work at facilities that accept federal funding from Medicare or Medicaid must be fully vaccinated by Jan. 4 and do not have the option to submit to regular testing rather than get vaccinated.

The court then later reaffirmed their decision, ruling the mandate likely “violates the constitutional structure that safeguards our collective liberty” and that the mandate was “staggeringly overbroad.”

COLUMN BY

BRIANNA LYMAN

Reporter. Follow Brianna on Twitter

RELATED TWEET:

RELATED ARTICLES:

6th Circuit Court To Hear Challenge To Biden Vaccine Mandate

Biden Administration Relying On Informants To Enforce Vaccine Mandates

Unions Quiet As NYC Poised To Fire 7,800 Unvaxxed Teachers

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Unions representing the approximately 7,800 teachers who will lose their jobs have been largely silent about mass firings due to New York City’s vaccine mandate.

New York City teachers must get vaccinated by Friday in order to keep working, The New York Times (NYT) reported. While several New York City unions have criticized the rushed implementation of the mandate and expressed concern over the looming issue of understaffed schools, unions have been largely silent on the issue of firing unvaccinated teachers.

The Council of School Supervisors and Administrators in New York City criticized the city for going forward with the mandate before addressing the impending staffing shortage, calling it “dangerous and irresponsible” to allow schools to operate so understaffed.

The president of the United Federation of Teachers (UFT) similarly called for the city to delay the mandate’s implementation, stating that schools “are not ready for the implementation of the vaccine mandate.”

When asked how the union would support unvaccinated workers, a spokesperson for UFT directed the Daily Caller to its vaccine mandate and exemptions page, which explains that teachers without a vaccine or a valid exemption may choose between termination and unpaid leave.

“Permanent medical exemptions … will only be considered where the individual has a documented allergic reaction such that the member cannot receive any of the three authorized COVID-19 vaccines,” the page states.

The American Federation of Teachers, National Education Association, and AFL-CIO did not respond to the Daily Caller’s requests for comment.

New York City Mayor Bill de Blasio said the city has thousands of substitute teachers on standby, the Wall Street Journal reported. Only about one-third of its chapter leaders believe their schools can open without disruption, according to UFT.

The New York City Mayor’s Office announced Monday that 90% of the city’s approximately 78,000 teachers were vaccinated. Teachers who have not received their first shot by midnight Friday will be removed from payroll Monday morning, according to NYT.

COLUMN BY

Laurel Duggan

Education Reporter.

RELATED ARTICLES:

De Blasio’s Vaccine Passports Will Hit Minority, Poor Communities The Hardest

How Mask Mandates Caused Democrats To Embrace A Longtime Conservative Policy

EDITORS NOTE: This The Daily Caller Column is republished with permission. ©All rights reserved.