Troops File Class Action Lawsuit to Stop Forced Vaccination

Update: On August 31st, attorneys for the service members filed a motion seeking a temporary restraining order against forces military vaccination until the merits of the lawsuit are adjudicated. Obama appointee Judge Raymond P. Moore denied the motion on September 1st.

Two active-duty service members have filed a lawsuit in Colorado District Court on behalf of service members who have recovered from COVID-19 against Defense Secretary Lloyd Austin, Secretary of Health and Human Services Xavier Beccera, and acting FDA chief Janet Woodcock, claiming (just as we have) that forcing COVID-19 vaccines on troops violates military regulations, federal regulations, federal law, and the US Constitution.

In the complaint, Army Staff Sergeant Dan Robert and Marine Staff Sergeant Holli Mulvihill, representing “all other similarly situated active duty, National Guard, and Reserve servicemembers, as documented survivors of COVID-19,” seek a declaratory judgment against the Department of Defense (emphasis added):

Plaintiffs Staff Sergeant Daniel Robert, U.S. Army, and Staff Sergeant Holli Mulvihill, USMC, individually and on behalf of all other similarly situated active duty, National Guard, and Reserve servicemembers, as documented survivors of COVID-19, file this action against the Department of Defense (“DoD”), seeking a declaratory judgment that the DoD cannot force them to take a COVID-19 vaccination under existing military regulations, federal regulations, federal law, and the U.S. Constitution. The Secretary of Defense, Lloyd Austin (the “SECDEF”) has publicly notified Plaintiffs, via Memo, that he will seek authorization from the President of the United States of America (the “President”), to mandate the COVID-19 vaccine on or about September 15, 2021. Upon information and belief, the DoD is already vaccinating military members in flagrant violation of its legal obligations and the rights of servicemembers under federal law and the Constitution.

The lawsuit seeks to halt forced vaccination both as a result of the requirement for commanders to follow AR 40-562 and test for prior immunity and as a result of the current vaccines being for emergency use. It identifies the lawlessness of the DoD, stating, “Upon information and belief, the DoD has already begun vaccinating members in violation of its legal obligations.”

Note: Counsel for the plaintiffs, Todd Callender, represents America’s Frontline Doctors, a group that has been fighting against government misinformation and rights violations from the beginning of the “pandemic.”