The Bonkers Lawsuit to Stop the Pentagon’s Vaccine Mandate (2024)

The MAGA medical group that spent the pandemic pushing horse paste and malaria meds as quack COVID cures has a new crusade: suing the Pentagon to stop its vaccine mandate. The lawsuit, first filed on behalf of Army and Marine Corps staff sergeants, has since enlisted the support of an Army lieutenant colonel and flight surgeon to help argue their case.

Lt. Col. Theresa M. Long, who serves as the brigade surgeon for the Army’s 1st Aviation Brigade, filed an affidavit late last week in support of the suit’s motion to block the vaccine mandate, arguing against the requirement based in part on her (false) belief that “all persons who have received a Covid 19 Vaccine are damaged in their cardiovascular system in an irreparable and irrevocable manner.”

Long did not respond to requests for comment from The Daily Beast.

The affidavit was filed as part of a suit brought by lawyers working with America’s Frontline Doctors (AFLDS), according to the group, and requests a declaratory judgment blocking the vaccine requirement, on behalf of Staff Sergeants Dan Robert (USA), Hollie Mulvihill (USMC), and anti-vaxxers within the military.

The legal effort faces long odds in overturning Secretary of Defense Lloyd Austin’s order directing the armed services mandate of COVID-19 vaccination for active duty service members. “We have a [Uniform Code of Military Justice] that really addresses all of the issues in the military and gives our leadership what they need to be able to enforce standards,” Austin said at a Senate hearing on Tuesday when questioned about the mandate. “Taking the vaccine is a requirement, and again I’ll just leave it at that.”

And despite the pushback, the military has a roughly 70 percent vaccination rate against COVID-19—notably high given the typically more vaccine-skeptic demographic of young males who make up a disproportionate part of the services.

A Third of U.S. Servicemembers Refuse to Be Vaccinated: Pentagon

The few officers and enlisted service members who have gone public with their opposition to the vaccine mandate are now finding increasing support among Republican members of Congress. Sens. Ted Cruz (R-TX), James Lankford (R-OK), Roger Marshall (R-KS), Tommy Tuberville (R-AL), for example, have recently drafted proposed amendment to the annual National Defense Authorization Act that would gut the proposed vaccine mandate.

Long has joined a small but increasingly vocal group of field-grade officers encouraged by conservative activists and media as part of the right wing’s crusade against COVID-19 vaccine mandates. On Fox News, hosts Sean Hannity and Tucker Carlson have feted the likes of Lt. Col. Paul Douglas Hague, an Army officer who resigned over the vaccine mandate, and Navy Commander J.H. Furman, who claims that the COVID-19 vaccine mandates represent a threat to national security.

In Long’s case, her debut as an anti-vaccine pundit hasn’t (yet) reached the heights of a primetime Fox News hit, but her treatise on the supposed dangers of the COVID-19 vaccine has been promoted by former Overstock CEO and election conspiracy theorist Patrick Byrne and AFLDS, the pro-Trump medical advocacy group behind the lawsuit.

Ex-Overstock CEO Says He’s Put Together an ‘Army of Various Odd People’ to Save Trump

Long’s affidavit traffics in a number of false and easily disproved anti-COVID vaccine talking points.

In particular, she singles out the presence of a small amount (.5 micrograms) of polyethylene glycol, which she calls “a derivative of ethylene oxide”—a key ingredient in antifreeze—in the Pfizer vaccine to insinuate that the jab is somehow dangerous. “I cannot discern what form of alchemy Pfizer and the FDA have discovered that would make antifreeze into a healthful cure to the human body,” the court document intones darkly.

The “Pfizer-is-filled-with-antifreeze” talking point has become a popular myth among anti-vaxxers. So much so that a number of state public health websites now include explainers debunking the claim. As health officials point out, polyethylene glycol, despite a similar name, isn’t antifreeze’s active ingredient. It is, however, found in common, over-the-counter products like laxatives.

The affidavit also relies on data from the Vaccine Adverse Event Reporting System or VAERS database to falsely claim 13,000 deaths linked to COVID-19 vaccines. The database, maintained by the FDA and CDC as a kind of early warning system for adverse reactions to vaccines, allows anyone to submit unverified claims of alleged side effects from vaccines. But the data in VAERS remains unverified until substantiated and can often be unreliable (a prankster once listed turning into the Incredible Hulk in the VAERS database).

Instead, Long recommends that the military “evaluate and immediately implement alternatives to mRNA vaccines,” including regeneron, remdesivir, hydroxychloroquine—the anti-malarial drug since debunked as a COVID therapeutic—and ivermectin, the anti-parasitic agent available by prescription through $90 consults offered by AFLDS.

The court filing has so far spawned at least one copycat affidavit, phrased in similar language, from a lieutenant colonel and flight surgeon in the Texas National Guard, Lt. Colonel Peter Chambers. But within the military, Long’s own court filing suggests that ardent anti-vaccine attitudes may not be that widely shared. Long wrote that she’s encountered “mixed results in terms of acceptance, rejection and threats of punishment” over her opinions.

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The Bonkers Lawsuit to Stop the Pentagon’s Vaccine Mandate (2024)

FAQs

Did the Supreme Court vacate the ruling restricting the president's right to issue federal workforce mandates? ›

The en banc decision by the U.S. Court of Appeals for the Fifth Circuit had potentially wide-ranging impacts on the president's capacity to issue federal workforce-wide edicts, but the Supreme Court vacated that decision in its expedited decision.

Did Navy Seals sue over vaccine mandate? ›

A lawyer representing Navy Seals who do not want to be vaccinated against Covid-19 told a federal appeals court Monday that their lawsuit over a now-withdrawn vaccine mandate isn't moot even though Congress passed legislation last December ordering the policy canceled.

What vaccines did I get in the military? ›

Vaccinations
  • yellow fever.
  • typhoid.
  • cholera.
  • hepatitis B.
  • meningitis.
  • whooping cough.
  • polio.
  • tetanus.
Oct 18, 2023

Do you have to be vaccinated to join the Airforce? ›

Although the vaccination is no longer mandated, the Department of Defense continues to promote and encourage COVID vaccination for all service members to maintain a high level of immunity. “Vaccination enhances operational readiness and protects the Force,” Austin said.

Can states override federal mandates? ›

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Can a federal law be overturned by the supreme Court? ›

In this decision, the Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. That oath could not be fulfilled any other way.

Does the Navy still require the COVID vaccine? ›

On Jan. 10, 2023, NAVADMIN 005/23 discontinued administrative separations for Sailors who refused the COVID-19 vaccine, including those with approved separation letters. Additionally, all Navy commands discontinued any new adverse administrative actions associated with refusing the COVID-19 vaccine.

What is the Navy lawsuit for COVID vaccine? ›

A judge awarded Liberty Counsel, the firm representing plaintiffs in Navy SEALs 1-26 v. Biden and Colonel Financial Management Officer, et al. v. Austin, $1.8 million to cover legal fees incurred during the cases, which were filed following Defense Secretary Lloyd Austin's fall 2021 announcement that the COVID-19 ...

What vaccination left a scar on ARM? ›

Before the smallpox virus was destroyed in the early 1980s, many people received the smallpox vaccine. As a result, if you're in your 40s or older, you likely have a permanent scar from an older version of the smallpox vaccine on your upper left arm.

What is the peanut butter shot in the military? ›

The "peanut butter" shot, in the military, is a slang term for the famous bicillin vaccination every recruit receives unless they have an allergy — and can prove it.

What vaccines were given in WWII? ›

During World War II the Navy vaccinated for cholera, diphtheria, plague, smallpox, tetanus, typhoid, paratyphoid A and paratyphoid B, epidemic typhus, and yellow fever.

Do marines require the COVID vaccine? ›

Pursuant to references (a), (b), and (c), the Marine Corps will no longer require Marines to receive the COVID-19 vaccine as a matter of service policy.

What shots do marines get in boot camp? ›

“Vaccines for Varicella, Hepatitis A and B and many others are given to the recruits upon their arrival to recruit training.” Some recruits do not have the antibodies or have not have contact to sicknesses such as measles, mumps or the rubella virus, so they are required to return the following week to receive them.

Does the military give you shots? ›

The Department of Defense (DoD) administers 17 different vaccines, as outlined in the Joint Instruction on Immunizations and Chemoprophylaxis (Secretaries of the Air Force, Army, Navy, and Transportation, 1995), for the prevention of infectious diseases among military personnel, where appropriate.

What does it mean when the supreme Court vacates a decision? ›

A vacated judgment (also known as vacatur relief) legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.

Which court is mandated by the US Constitution and Cannot be abolished by Congress? ›

Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

How the new Biden administration rule makes it harder to fire federal workers? ›

The rule, issued by the Office of Personnel Management (OPM), clarifies that nonpartisan career civil servants with protected status can't have that status taken away, and it prevents nonpartisan career civil servants from being reclassified as political appointees.

Are presidential executive orders often challenged in court and overturned? ›

Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.

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