In mid-August, two active duty military members filed a lawsuit against three heads of US agencies over the mandate for COVID-19 vaccination for all military members.

Dan Robert, a Staff Sergeant with the United States Army and Hollie Mulvihill, a Staff Sergeant with the United States Marine Corp, filed the suit representing “other similarly situated individuals” on August 17. Those “other” individuals amount to 220,000 active service members, according to the lawsuit.


Additionally, on August 30, the above-named plaintiffs filed a temporary restraining order in attempt to stall the mandate and request plaintiffs have the opportunity to present documentation of previous infection.


The named defendants are Lloyd Austin (Secretary of Defense for the Department of Defense, Xavier Becerra (Secretary of the Department of Health and Human Services), and Janet Woodcock (Acting Commissioner of the Food and Drug Administration).

Robert and Mulvihill claim in their suit that they and the other thousands of members represented have already obtained natural immunity from contracting the COVID-19 virus and therefore should not be forced to receive the vaccination against their will.

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Under the military’s current laws and regulations (in AR 40-562, ¶2-6a.(1)(b)), “General examples of medical exemptions include the following … Evidence of immunity based on serologic tests, documented infection or similar circumstances.”



Now, however, they’re ignoring the “documented infection” portion and creating a new set of standards, after Austin (DOD) said, “Those with previous COVID-19 infection are not considered fully vaccinated.” The lawsuit alleges that Austin changed the standard without “a scintilla of evidence to support it.”

According to Children’s Health Defense, “Plaintiffs claim if they’re not granted the relief they seek, they will suffer immediate physical harm by being forced to take a vaccine for a virus to which they already have immunity.

“In their motion, they also said the mandate constitutes an unconsented physical invasion of the worst kind — with a novel mRNA technology that has not even been tested on people who have acquired natural immunity to the virus, and who have a clear and unequivocal right to the exemption they are seeking under the DOD’s own regulations.

“In the largest real-world observational study comparing natural immunity gained through previous SARS-CoV-2 infection to vaccine-induced immunity afforded by the Pfizer mRNA vaccine, people who recovered from COVID were much less likely than never-infected, vaccinated people to get Delta, develop symptoms or be hospitalized.

“The study, published as a preprint Aug. 25 on medRxiv, showed people who had never been infected with SARS-CoV-2 but were vaccinated in January and February were six to 13 times more likely to experience breakthrough infection with the Delta variant compared to unvaccinated people who were previously infected with SARS-CoV-2.”

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