A U.S. Army soldier who was fired last year for refusing a COVID vaccine has been forced to pay back his signing bonus, totaling thousands of dollars, the veteran claims.
At the Biden administration’s direction, the Defense Department discharged more than 8,400 troops from the military, including some 3,300 Marines, 1,800 soldiers, 1,800 sailors, and 900 airmen who chose to decline the vaccine.
&#8220;I&#8217;ve deployed multiple times, and I feel like the last thing I had was selling leave days that I earned and was never able to take due to me being deployed or needing that time to prepare for the training cycle,&#8221; the service member <a href="https://www.foxnews.com/politics/service-members-forced-pay-back-signing-bonuses-fired-covid-vax-kick-face.amp" target="_blank" rel="noopener">told</a> Fox News Digital. &#8220;I was about to enter a new world with no income, and that extra bit would have been a nice buffer in my rainy day fund to keep me afloat until I was able to find new employment.&#8221;
The soldier received a $7,000 bonus when he signed up to serve in the U.S. Army for six years. After he was canned for refusing the vaccine, he was reportedly notified by the U.S. Military that he had to pay back $4,000, a prorated figure of the bonus. The veteran said he was forced to sell 60 of his unused vacation days to make up for the debt.
&#8220;The appalling treatment these individuals endured broke the trust that is owed to our citizens and our volunteers. America’s sons and daughters,&#8221; the Army member said in a statement. &#8220;Until true efforts are made to establish trust, the recruiting and retention shortfalls will only continue. The individuals who make public statements that they are unsure what has contributed to the current recruiting and retention shortfalls need to take a look in the mirror; and perhaps they should resign for the betterment of our Nation.&#8221;
Another service member slammed the Department of Defense for falling short &#8220;on reestablishing trust for wrongdoings,&#8221; calling the signing bonus pay-back &#8220;icing on the cake.&#8221;
The Daily Wire reached out to the Department of Defense but did not immediately receive a response.
Pentagon officials finally ended the coronavirus vaccine mandate for the U.S. Military, which was instituted in August 2021, after House Speaker Kevin McCarthy (R-CA) forced an end to the program after Congress passed the National Defense Authorization Act (NDAA) in December.
Secretary of Defense Lloyd Austin earlier this month signed a memo that will update records and remove letters of reprimand from troops whose exemption requests to the vaccine were denied, Fox noted.
The DOD has <a href="https://www.washingtonexaminer.com/restoring-america/patriotism-unity/pentagon-backtracks-on-back-pay-for-service-members-discharged-over-covid-19-vaccine" target="_blank" rel="noopener">indicated</a> backpay for fired service members is not being considered. Meanwhile, recruitment for the military is at a <a href="https://www.nbcnews.com/news/military/every-branch-us-military-struggling-meet-2022-recruiting-goals-officia-rcna35078" target="_blank" rel="noopener">record low</a>.
Brandon Drey contributed to this report. 
Related: <a href="https://www.dailywire.com/news/republican-house-leader-kevin-mccarthy-the-covid-vax-mandate-on-our-military-is-ending" target="_blank" rel="noopener">Republican House Leader Kevin McCarthy: ‘The COVID Vax Mandate On Our Military Is Ending’</a>

Joe Biden

‘Appalling’: Soldier Fired For Refusing Vax Forced To Pay Back Most Of Signing Bonus: Report

Service Member Fired For Refusing Vax Forced To Pay Back Most Of Signing Bonus: Report

COVID-19 Vaccine

Military

Politics

U.S. Military

Vaccine Mandate

The U.S. Department of Defense said Friday that service members discharged for refusal to comply with the COVID vaccine requirement might receive back pay after Pentagon officials repealed the mandate last week.
Pentagon officials ended the coronavirus vaccine mandate for the U.S. Military, which was instituted in August 2021, after House Speaker Kevin McCarthy (R-CA) forced an end to the program after Congress passed the National Defense Authorization Act (NDAA) in December.
Defense Secretary Lloyd Austin wrote in a memo on Tuesday that officials had formally rescinded the vaccine mandate for the U.S. Military and the National Guard, which <a href="https://www.politico.com/news/2023/01/13/pentagon-back-pay-troops-covid-vaccine-mandate-00077902">Politico</a> reported &#8220;opened the door to reinstating troops&#8221; who believe they were wrongfully discharged.
However, officials still have not decided whether such service members would receive back pay.
&#8220;The Department is still exploring this and will provide its views on legislation of this nature at the appropriate time and through the appropriate process,&#8221; Pentagon spokesperson Maj. Charlie Dietz told the news outlet in a Friday email.
At the Biden administration&#8217;s direction, the Defense Department discharged more than 8,400 troops from the military, including some 3,300 Marines, 1,800 soldiers, 1,800 sailors, and 900 airmen that decided to forego taking the vaccine.
A federal judge wrote in December that thousands of other troops sought medical and religious exemptions.
Still, Secretary Austin said in the <a href="https://media.defense.gov/2023/Jan/10/2003143118/-1/-1/1/SECRETARY-OF-DEFENSE-MEMO-ON-RESCISSION-OF-CORONAVIRUS-DISEASE-2019-VACCINATION-REQUIREMENTS-FOR-MEMBERS-OF-THE-ARMED-FORCES.PDF">memo</a> that more than two million service members and about 96% of active duty and reserve forces had been fully vaccinated.
National Security Council spokesman John Kirby <a href="https://www.dailywire.com/news/republican-house-leader-kevin-mccarthy-the-covid-vax-mandate-on-our-military-is-ending">asserted</a> that President Joe Biden and Austin opposed repealing the Defense Department&#8217;s vaccine mandate.
&#8220;Secretary Austin&#8217;s been very clear that he opposes the repeal of the vaccine mandate, and the president actually concurs with the secretary of defense,&#8221; Kirby stated, adding that Biden &#8220;continues to believe that all Americans, including those in the armed forces, should be vaccinated and boosted for COVID-19 . . . Vaccines are saving lives including our men and women in uniform.&#8221;
President Biden, however, eventually signed the bill after it made its way through Congress.
Former Vice President Mike Pence told <a href="https://thehill.com/homenews/administration/3810810-pence-discharged-military-members-should-be-reinstated-get-back-pay-over-vaccine-mandates/">The Hill</a> last week after the Pentagon rescinded the mandate that Biden should reinstate the discharged troops with back pay, calling the initial decision to force service members to take the shot &#8220;unconscionable.&#8221;
&#8220;I think now that Secretary Austin has implemented what Congress passed into law, lifting the vaccine mandate on members of our armed forces, now I&#8217;m calling on the Biden administration and the Pentagon to reinstate every man and woman that was discharged from our armed forces because they refused to take the vaccine, and give them 100 percent back pay for the time after they were discharged,&#8221; Pence said.
Pence, who led the White House COVID task force during the Trump administration and supported Operation Warp Speed, which developed the vaccine years ahead of schedule, said the administration never supported mandating the shot, arguing such requirements contributed to why many Americans were skeptical about getting vaccinated.
&#8220;And I understand the concern that people in this country have about the vaccines, but I really believe it ultimately finds its origins in the fact that a vaccine mandate came along and people were required to take it.&#8221;

DHS Secretary Mayorkas Visits FEMA Community Vaccination Center In Philadelphia

Pentagon Officials ‘Exploring’ Back Pay For Troops Discharged For Refusing COVID Vaccine

Pentagon 'Exploring' Back Pay Options For Troops Discharged After Refusing COVID Vaccine 

Biden Administration

COVID

Department of Defense

Mike Pence

Pentagon

A lawsuit filed by two Disney employees who were fired for refusing the <a href="https://www.dailywire.com/topic/covid" target="_blank" rel="noopener">COVID</a> vaccine alleged that Disney is closely enmeshed with the government and that when it forced a vaccine mandate on its employees, it was essentially a &#8220;state actor&#8221; — which would make it subject to the Constitution’s “equal protection clause,” lawyers wrote.
The theory underscores the extent to which the Biden administration has relied on corporations to implement policies that might not be constitutional for the government to do itself, from <a href="https://www.dailywire.com/news/twitter-fbi-agent-thinks-fewer-blacks-voted-after-2012-because-of-russians-not-obamas-departure" target="_blank" rel="noopener">social media censorship</a> to <a href="https://www.dailywire.com/news/jetblue-wont-hire-the-unvaxxed-but-hired-violent-felon-to-fly-planes" target="_blank" rel="noopener">airline</a> employee vaccine mandates.
“The Constitution provides that the government, and state actors cannot take life, liberty or property without due process and equal protection of the law,” the suit said. “There is no dispute that the Defense Department was looking to partner with private business in its effort to vaccinate. At what point does partnership go beyond independent entities working voluntarily toward a shared mission to entwinement, such that they can be considered a state actor?”
“Had the government instituted a requirement that all professional athletes and personnel of leading media outlet are required to receive a vaccination, without rights to exemption, such an action would be subject to an equal protection challenge for its treatment of professional athletes and leading media differently than other similarly situated persons,” it said. “A state actor performing such a function is subject to an equal protection challenge on the same basis.”
The lawsuit was filed by Beth Faber and Allison Williams, two former employees of ESPN. ESPN was subject to Disney’s vaccine policies because it is owned by Disney, and both companies are named in the suit.
(After Williams was fired from ESPN, she announced plans to create <a href="https://www.dailywire.com/news/allison-williams-launches-sports-docuseries-breakaways-on-dailywire" target="_blank" rel="noopener">sports documentaries</a> for The Daily Wire. The government requirement that all companies with more than 100 employees require them to be vaccinated was <a href="https://www.dailywire.com/news/read-it-supreme-courts-massive-blow-against-bidens-vaxx-mandate" target="_blank" rel="noopener">struck down</a> in the courts after The Daily Wire challenged it.)
The lawsuit said, “The September 9, 2021 termination of Beth Faber, exactly on, and of Allison Williams shortly after, the date of President Biden’s announcement of a business mandate, are more than just symbolic, they are part of a very orchestrated and choreographed partnership.”
Six days later, then-Disney CEO Bob Chapek took part in a <a href="https://deadline.com/2021/09/joe-biden-walt-disney-vaccine-bob-chapek-1234833923/" target="_blank" rel="noopener">White House meeting</a> with Joe Biden on the subject of vaccine mandates. “Chapek’s presence at the Biden Administration’s business summit reflects the active involvement of the highest level of management,” it continued.
“The very same day that the Biden Administration ‘called on leaders in the private and public sector to implement vaccine requirements, saying it will push millions more Americans to get vaccinated,’ Bob Chapek responded to Biden’s call. Biden had stated, or ordered, ‘If you’re a business leader, a nonprofit leader, a state or local leader, who has been waiting for full FDA approval to require vaccinations, I call on you now to do that. Require it,’” the suit said.
ESPN denied Faber’s and Williams’ requests for religious exemptions, the suit said.
The lawsuit said that there has been a revolving door between the White House and the Disney executive offices. “Kristina Schake, who headed the Covid-19 vaccine education campaign of the Biden Administration, was selected by Disney as its new executive vice president of global communications. Disney’s own website refers to her as ‘working at the nexus of government, media, business, entertainment, and technology.’ The close nexus continues, of course, when she works on the private side of the house,” it said.
“The close nexus also includes Disney’s naming of former Pentagon Press Secretary Geoff Morrell, ‘to the newly created position of chief corporate affairs officer, overseeing corporate communications, government relations and global public policy,’” it continued.
The suit also alleged that Disney has decades-long ties to the Defense Department, which, alongside the Department of Health and Human Services, ran Operation Warp Speed, the government vaccine effort.
It said the Defense Department owns land at Disney World, and in April 2022, the Department said it would hold its Warrior Games at the Florida resort. The suit said the Department provided key support to the Marvel franchise such as “Iron Man,” now one of Disney’s most lucrative.
The company’s ties to the security state go back to its founding, the suit says, noting that founder Walt Disney himself was an FBI informant who let notorious Bureau Director J. Edgar Hoover have access to Disney scripts, and that the company generated wartime marketing materials during World War II.
The suit noted that powerful corporations are now so large that they are similar to states. Disney has nearly a quarter-million employees, half the size of Wyoming. “It’s no wonder that the federal government turns to a behemoth like Disney, with long established ties to the Defense Department to delegate this public function,” it said.
A Disney spokesman did not return a request for comment.
Disclosure: The Daily Wire has <a href="https://www.dailywire.com/videos/introducing-dw-kids" target="_blank" rel="noopener">announced plans</a> for kids entertainment content.

US-POLITICS-JILL BIDEN

Lawsuit Says Disney Was A ‘State Actor’ Colluding With Government To Force Vaccine On Employees

Allison Williams

Business

Corporations

Disney

ESPN

The Biden administration cannot enforce its COVID vaccine mandate on federal contractors, according to a ruling on Monday.
A 5th Circuit Court of Appeals ruled against the mandate in a 2-1 <a href="https://www.ca5.uscourts.gov/opinions/pub/22/22-30019-CV0.pdf" target="_blank" rel="noopener">decision</a>.
&#8220;The President’s use of procurement regulations to reach through an employing contractor to force obligations on individual employees is truly unprecedented,&#8221; the ruling concluded. &#8220;As such, Executive Order 14042 is unlawful, and the Plaintiff States have consequently demonstrated a strong likelihood of success on the merits.&#8221;
The ruling also noted the concern of government overreach, citing a lack of congressional involvement to approve the Biden administration&#8217;s order.
&#8220;Congress has not spoken clearly to authorize such a dramatic shift in the exercise of the President’s power under the Procurement Act,&#8221; the ruling concluded.
Judge James Graves dissented in the ruling, citing the decision as the first time an executive order under the Procurement Act was struck down.
&#8220;When actions taken are in the mainstream of American businesses, that points towards permitting the executive order,&#8221; he wrote. &#8220;Economic factors would prevent the president from handicapping the contractor workforce with extreme contractual terms.&#8221;
The states of Indiana, Louisiana, and Mississippi filed the case. In December 2021, a district court blocked enforcement of the mandate against federal contractors.
The federal government has contracts with thousands of companies, with the coronavirus vaccine mandate potentially impacting up to 20% of America&#8217;s workforce, <a href="https://www.reuters.com/legal/appeals-court-says-us-cannot-mandate-federal-contractor-covid-19-vaccines-2022-12-19/" target="_blank" rel="noopener">according to</a> Reuters.
“Today is a victory for freedom,&#8221; Louisiana Attorney General Jeff Landry said in a <a href="http://www.ag.state.la.us/Article/13102" target="_blank" rel="noopener">statement</a>. &#8220;We will continue to stand up against the Biden Administration’s abuses of power that threaten us now and in the future.&#8221;
In October, the White House directed federal agencies not to seek enforcement of the federal contractor mandate due to court rulings.
As The Daily Wire <a href="https://www.dailywire.com/news/breaking-federal-judge-blocks-biden-from-implementing-vaccine-mandate-on-federal-contractors" target="_blank" rel="noopener">reported</a> in November 2021, a federal judge in Kentucky also issued a preliminary injunction against the vaccine mandate for federal contractors and subcontractors in Kentucky, Ohio, and Tennessee.
The case is one of the multiple recent examples of COVID vaccine mandates that have faced recent legal challenges. On Monday, a federal judge <a href="https://www.dailywire.com/news/court-grants-10-3-million-settlement-to-health-care-workers-denied-religious-exemptions-for-covid-vaccine" target="_blank" rel="noopener">approved</a> a class action settlement of more than $10 million for workers at an Illinois healthcare system whose religious exemptions against taking the vaccine were rejected.
“After many months and long hours, we are pleased to finally get the court’s final approval of this classwide settlement for these health care workers who were unlawfully discriminated against and denied religious exemptions from the COVID shot mandate,” Liberty Counsel Vice President of Legal Affairs and Chief Litigation Counsel Harry Mihet, whose organization represented the health care workers, said in a <a href="https://lc.org/newsroom/details/121922-court-grants-final-approval-in-dollar103-million-settlement-for-health-care-workers-1" target="_blank" rel="noopener">statement</a>.

vaccine

Court Rules Against White House COVID Vaccine Mandate For Federal Contractors

Courts

Executive

White House

Avowed leftist <a href="https://www.dailywire.com/topic/sean-penn">Sean Penn</a> has a strong position when it comes to <a href="https://www.dailywire.com/topic/covid-19-vaccine">unvaccinated</a> people and how they should behave. 
The 62-year-old <a href="https://www.dailywire.com/topic/celebrities">actor</a> recently made his feelings known while speaking with <a href="https://twitter.com/CatchUpNetwork/status/1604383058597097473">Extra</a>. When asked by the interviewer how he felt about “anti-vaccine rhetoric,” Penn replied, “It’s a cowardice of conviction. I think that it is an unwillingness to engage in a culture of common sense. That at this point, it seems criminal to me, actually.”
He continued: “I really feel that if someone chooses not to be vaccinated, that they should choose to stay home. Not go to work. Not have a job. As long as we’re all paying for these streets, we gotta ride safely on them. And so I’m just hopeful that the mindset will change.”
Penn said “leadership” seems to be on board but hopes to get “everyone on the same page” about COVID vaccines. 
His statements come on the heels of a report which found that the majority of individuals who contracted COVID and died were vaccinated. 
As The Daily Wire previously <a href="https://www.dailywire.com/news/report-vaccinated-now-make-up-majority-of-covid-deaths">reported</a>, an analysis performed by The Washington Post’s Health 202 found that 58% of coronavirus fatalities in August occurred in instances where the person was vaccinated against COVID or had received a booster. This figure has more than doubled since September of last year.
“We can no longer say this is a pandemic of the unvaccinated,” Cynthia Cox, vice president at the Kaiser Family Foundation, told the Post. 
It’s estimated that 80% of the U.S. population was vaccinated as of October. Of those, 68% are fully vaccinated, and 34% received boosters.
Meanwhile, Penn has <a href="https://www.dailywire.com/news/sean-penn-compares-mandatory-vaccines-to-drivers-licenses-james-woods-snaps-or-proof-of-citizenship-to-vote">advocated</a> for mandatory vaccinations in the past, likening the shot to getting a driver’s license.
“This is one of those things that should be mandatory,” the “I Am Sam” actor told Yahoo Entertainment last year.
Penn spoke about how vaccine hesitancy was frustrating for him.
“A resistance that’s just based on a certain kind of … lack of imagination and understanding of anything that’s helpful to the human race, I’ve become very frustrated by that. But I can only work within my own bounds and say that, for me, it should be mandatory,” he told the publication.

Sean Penn Visits Vienna

Sean Penn Says Being Unvaccinated Is ‘Criminal’ And Those People Shouldn’t Leave Their Homes

Sean Penn Says Being Unvaccinated Is 'Criminal' And Those People Shouldn't Leave Their Homes

Celebrities

Entertainment

Sean Penn

U.S.

The Duke University children&#8217;s hospital is denying a young girl a kidney transplant because she has not received a COVID <a href="https://www.dailywire.com/topic/vaccine-mandate" target="_blank" rel="noopener">vaccine</a>, her family says.
Yulia Hicks, 14, has a genetic kidney disorder that requires a kidney transplant, but according to her family, Duke Children&#8217;s Hospital in Durham, North Carolina, is refusing to put her on the kidney wait list because she is unvaccinated.
Yulia&#8217;s adoptive parents recorded a phone call with Duke Health in which the family was told that doctors would not do the kidney transplant unless Yulia received a COVID vaccine.
&#8220;I can&#8217;t require you to do anything. I can recommend these things, but if you don&#8217;t follow our recommendations, then Yulia can&#8217;t be a transplant candidate here,&#8221; a Duke Health kidney specialist reportedly <a href="https://www.dailymail.co.uk/news/article-11523171/North-Carolina-family-unvaccinated-14-year-old-search-medical-center-kidney-transplant.html" target="_blank" rel="noopener">told</a> the Hicks in the phone call.
&#8220;Being unvaccinated to the CDC recommended vaccinations based on her age is part of that,&#8221; the kidney specialist added.
Her family says Yulia has already contracted COVID and recovered, but doctors told them Yulia&#8217;s natural immunity was not enough, according to a recorded call.
&#8220;The virus has continued to mutate and so the natural immunity is not as good as if you had natural immunity plus vaccination,&#8221; one doctor said in the phone call.
Some <a href="https://www.dailymail.co.uk/news/article-10499655/Antibodies-unjabbed-Covid-survivors-stronger-protection-two-doses-study-claims.html">studies</a> have shown that natural immunity can be superior to the COVID vaccine. One recent study also <a href="https://www.wishtv.com/news/medical/new-study-finds-organ-recipients-rejecting-transplant-after-receiving-covid-vaccine/?utm_source=substack&amp;utm_medium=email">suggested</a> that the COVID vaccine could be to blame for certain organ transplant recipients rejecting their new organs.
Contacted for comment, a representative for Duke Health initially told The Daily Wire that they would check on the situation but failed to provide a comment by the deadline.
The Hicks family has 11 children including Yulia, who they adopted from Ukraine in January 2021. Yulia stayed with two other U.S. families before the Hicks, who are working hard to give her a stable, loving home.
Yulia&#8217;s condition requires daily peritoneal dialysis, which her family has done with her at home every night for over a year. They say that they have been working with Duke for the last two years since her dialysis is through the hospital.
&#8220;They tell us all the time she&#8217;s a model patient,&#8221; Hicks told The Daily Wire. &#8220;We do everything they tell us to do, really. The only thing we won&#8217;t do is get this COVID vaccine.&#8221;
&#8220;That&#8217;s why we feel like it&#8217;s kind of a power struggle because it&#8217;s like, you told us it was a recommendation. Recommendation means I get to choose. But you&#8217;re denying me because of your recommendation,&#8221; Hicks added.
On Friday, Hicks appeared on Tucker Carlson&#8217;s Fox News show and said they are hoping a medical center will come forward and offer to perform the transplant without the vaccination requirement.
&#8220;There&#8217;s no sympathy whatsoever from any of them. It&#8217;s just strong-arming us, just give her the vaccine and then you&#8217;ll get the transplant,&#8221; Hicks told Carlson.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Tucker Carlson speaks with a mother whose daughter was denied a kidney transplant by Duke University Hospital because she hadn’t been vaccinated against Covid-19.
Find out more: <a href="https://t.co/UQrv0UQAxz">https://t.co/UQrv0UQAxz</a> <a href="https://t.co/gNzIycs8WU">pic.twitter.com/gNzIycs8WU</a>
&mdash; The Post Millennial (@TPostMillennial) <a href="https://twitter.com/TPostMillennial/status/1601392115505717248?ref_src=twsrc%5Etfw">December 10, 2022</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
The family has also retained an attorney, but her mother said they cannot have Yulia&#8217;s life hanging in the balance with litigation, so they are not sure what legal moves they will make.
Hicks said that while their family no longer has faith in the doctors at Duke to perform Yulia&#8217;s transplant, they still want the policy changed for others.
&#8220;This is not just us that&#8217;s facing this. We&#8217;ve been given a microphone for whatever reason,&#8221; Hicks told The Daily Wire. &#8220;It&#8217;s not just for us. It&#8217;s to change the policy so that other people don&#8217;t suffer the same thing that we&#8217;re suffering.&#8221;
Hicks said the experience has taken an emotional toll on her because the doctors &#8220;bully&#8221; her more than they do her military husband. She now sends her husband with Yulia to attend most of their appointments.
&#8220;We really try to shield our children a lot from it. We just don&#8217;t want them to have to carry our burden,&#8221; Hicks said.
&#8220;We&#8217;re both veterans. We fought for freedom and we&#8217;re not even able to experience it right now,&#8221; she continued.
The family says they do not have extra funds to travel out of state to another hospital for the kidney transplant, so they have set up a <a href="https://www.givesendgo.com/kidneyforyulia">fundraiser</a> to help with the costs as well as a <a href="https://christinehicks66.wixsite.com/kidney-for-yulia-gra/my-blog">website</a> to share updates on Yulia.
&#8220;We have had an outpouring of help already. We&#8217;re so grateful for people who have stepped forward,&#8221; Hicks said.

TOPSHOT-FRANCE-HEALTH-VIRUS

Duke Children’s Hospital Denied 14-Year-Old Girl Kidney Transplant Over Covid Vaccine, Family Says

Duke University Hospital Denied 14-Year-Old Girl Kidney Transplant Over Covid Vaccine, Family Says

Children

Children's Health

COVID-19

Duke University

Health

Vaccines

On Tuesday, the U.S. Court of Appeals for the Sixth Circuit upheld a previous ruling and decided that the <a href="https://www.dailywire.com/topic/military" target="_blank" rel="noopener">Air Force</a> may not punish or fire service members for not getting vaccinated against <a href="https://www.dailywire.com/topic/covid" target="_blank" rel="noopener">COVID-19</a> if they have a religious objection.
The case, <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0255p-06.pdf" target="_blank" rel="noopener">Doster v. Kendall</a>, <a href="https://reason.com/volokh/2022/11/29/sixth-circuit-upholds-injunction-barring-air-force-from-requiring-covid-vaccines-for-religious-objectors/" target="_blank" rel="noopener">involved</a> several Air Force service members who had rejected the COVID-19 vaccine for religious purposes. The most recent decision is part of a continuing class action lawsuit. 
In the opinion, U.S. Circuit Judge Eric Murphy pointed out that almost 10,000 service members have asked for a religious exemption from the Air Force’s COVID-19 vaccine mandate, but the Air Force has only given around 135 of those petitions “and only to those already planning to leave the service.” However, the Air Force has “granted thousands of other exemptions for medical reasons […] or administrative reasons.”
Eighteen plaintiffs, <a href="https://www.courthousenews.com/sixth-circuit-keeps-air-force-vaccine-mandate-on-hold/" target="_blank" rel="noopener">comprised</a> of both reservist and active duty service members, filed the lawsuit against Secretary of the Air Force Frank Kendall. 
The lawsuit stated that the mandate “substantially burdens their religious exercise in violation of the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA).”
“Under RFRA, the Air Force wrongly relied on its &#8216;broadly formulated’ reasons for the vaccine mandate to deny specific exemptions to the Plaintiffs, especially since it has granted secular exemptions to their colleagues,” the opinion noted.
Judge Murphy discussed the “military readiness” argument, saying that while the Air Force might have a “compelling interest” to mandate that its 501,000 members get the vaccine, “[i]t has also largely achieved this general interest, as evidenced by its ability to vaccinate over 97% of its force.”
However, under RFRA, the Air Force has to demonstrate “that it has a compelling interest in refusing a ‘specific’ exemption… And just because it might have a compelling interest in the abstract does not mean that it has one ‘in each marginal percentage point by which’ it achieves this abstract interest,” the judge added. 
A lower district court had issued an injunction that prohibited the Air Force from punishing certain service members who didn&#8217;t get the vaccine and &#8220;then certified a class of thousands of similar service members and extended this injunction to the class.&#8221;
The previous decision of the district court did not act entirely against the apparent interests of the Air Force. The district court “narrowed the scope of its injunction to permit the Air Force to refuse to enlist or commission new service members who refuse to take a COVID-19 vaccine,” the opinion noted.
In addition, as the opinion pointed out, “its injunction did not interfere with the Air Force’s operational decisions over the Plaintiffs’ duties.”
Lawyer Chris Wiest argued the case for the service members, and said, “[m]y clients are extraordinarily pleased with this decision.”
”We established, and the Court found, a substantial basis of systemic discrimination towards religious believers. This decision will protect the liberty and livelihood of approximately 10,000 class members, all of whom have undertaken to protect our country. The least we can do is extend to them the rights that they protect for all of us,” he stated.
Following the release of the opinion, an Air Force spokesperson <a href="https://www.foxnews.com/politics/appeals-court-says-air-force-wrongly-relied-broad-formula-deny-religious-objections-vax-mandate" target="_blank" rel="noopener">told</a> Fox News Digital that “[t]he Department of the Air Force is complying with a court order to pause all disciplinary and adverse actions for members refusing the COVID-19 vaccine who submitted a timely religious accommodation request and fall within the definition of the court&#8217;s certified class.&#8221;

US soldier – one in a series.

Appeals Court Upholds Ruling Protecting Air Force Service Members Who Refuse COVID-19 Vaccine For Religious Reasons

U.S. Court of Appeals for the Sixth Circuit Upholds Ruling Protecting Air Force Service Members Who Refuse COVID-19 Vaccine For Religious Reasons

U.S. Air Force

A group of 21 GOP governors joined a letter on Wednesday to congressional leaders in an effort to stop President Joe Biden from initiating a COVID vaccine mandate for military personnel.
The <a href="https://www.rga.org/wp-content/uploads/2022/11/Joint-Letter-to-Congress-on-the-Military-Vaccine-Mandate-11.30.2022.pdf" target="_blank" rel="noopener">letter</a> &#8212; sent to House Speaker Nancy Pelosi (D-CA), Senate Majority Leader Chuck Schumer (D-NY), and Republican minority leaders in the House and Senate &#8212; called for immediate action concerning the military&#8217;s vaccine requirement.
&#8220;The Biden vaccine mandate on our military creates a national security risk that severely impacts our defense capabilities abroad and our state readiness here at home,&#8221; the Republican governors wrote.
&#8220;We face a two-front problem due to the Biden vaccine mandate: current servicemembers are leaving our ranks, and new recruits are not signing up to join. Implementation of the mandate has placed our nation’s military readiness at risk,&#8221; they added.
The letter cited concerns regarding National Guard recruiting efforts that had missed their mark as a major factor for the request. The Army National Guard missed its recruiting target by 10% and announced that 7,500 members left service in an October report cited in the letter.
Deputy Chief of the Army National Guard Strength Maintenance Division Anson Smith was also cited in the letter over the Guard reportedly preparing to discharge around 14,000 soldiers in the next two years for refusing the COVID vaccine.
The governors expressed further concern over a November report revealing that the Armed Forces discharged 8,000 active duty members since the start of the president&#8217;s COVID vaccine mandate.
&#8220;As Congressional leaders, it is your duty to provide for the national defense, and therefore, we call upon you to protect the men and women in uniform—who protect us—from an unnecessary vaccine mandate,&#8221; they concluded.
The letter was signed by the governors of Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.
Sen. Marsha Blackburn (R-TN) celebrated the letter, adding her support to the effort.
&#8220;I’ve been leading the effort in the Senate to stop the Biden administration’s vaccine mandate,&#8221; she tweeted. &#8220;I will not stop fighting for our servicemembers.&#8221;
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Thank you, <a href="https://twitter.com/GovBillLee?ref_src=twsrc%5Etfw">@GovBillLee</a>. I’ve been leading the effort in the Senate to stop the Biden administration’s vaccine mandate. 
I will not stop fighting for our servicemembers. <a href="https://t.co/ANZuqgBj7J">https://t.co/ANZuqgBj7J</a>
&mdash; Sen. Marsha Blackburn (@MarshaBlackburn) <a href="https://twitter.com/MarshaBlackburn/status/1598048731177357321?ref_src=twsrc%5Etfw">November 30, 2022</a></blockquote>
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Sen. Rick Scott (R-FL) also expressed his support, adding plans to include an end to the military COVID vaccine mandate as part of supporting the National Defense Authorization Act (NDAA).
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As a veteran &amp; member of <a href="https://twitter.com/SASCGOP?ref_src=twsrc%5Etfw">@SASCGOP</a>, I fully support our military &amp; have fought hard for big nat&#39;l security wins in the NDAA. But, before this bill moves forward, we must stand with our military members &amp; reverse the <a href="https://twitter.com/DeptofDefense?ref_src=twsrc%5Etfw">@DeptofDefense</a>&#39;s COVID vax mandate. U.S. readiness depends on it. <a href="https://t.co/DoRgn5cJZh">pic.twitter.com/DoRgn5cJZh</a>
&mdash; Rick Scott (@SenRickScott) <a href="https://twitter.com/SenRickScott/status/1598066096044900353?ref_src=twsrc%5Etfw">November 30, 2022</a></blockquote>
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Rep. Chip Roy (R-TX) also pushed the end of the vaccine mandate ahead of the military&#8217;s next spending bill.
&#8220;The COVID-19 vaccine does not prevent transmission or infection of the virus. The DoD forcing out tens-of-thousands of service members will continue to undermine our military readiness and hamper future recruiting efforts for years to come,&#8221; he said in a <a href="https://www.foxnews.com/politics/house-conservatives-draw-red-lines-must-pass-defense-spending-bill" target="_blank" rel="noopener">letter</a> with other House Republicans. &#8220;Our brave men and women in uniform should not have to choose between following their sincerely held religious beliefs and serving their country.&#8221;

military vaccine

21 Republican Governors Join Letter Opposing Military COVID Vaccine Mandate

Republicans

Daily Wire Investigative Reporter Luke Rosiak appeared on <a href="https://www.dailywire.com/topic/fox-news">‘Tucker Carlson Tonight’</a> Monday evening to share a story he broke for the Daily Wire about <a href="https://www.dailywire.com/news/jetblue-wont-hire-the-unvaxxed-but-hired-violent-felon-to-fly-planes">bizarre hiring practices at JetBlue</a>.
The show began by assessing the widespread mass protests across China against the regime of Xi Jinping and his repressive ‘Zero COVID’ policies, which appear to be the largest internal outcry against the Chinese Communist Party in decades. The program also condemned several U.S. public officials and various corporate entities and prominent citizens, such as John Kirby of the National Security Council, the NBA and reporter Taylor Lorenz.
Carlson claimed that greed or complicity had caused them to stay silent on China’s crackdown against its own citizens, noting that some of them had advocated for the kind of COVID policy that Xi had put into practice and a few had even praised the authoritarian regime for its approach to the pandemic.
Carlson later brought on Rosiak to discuss the case of John Perrys, a convicted felon and reported employee of JetBlue who in 2005 broke into a judge’s home and assaulted his daughter as she came out of the shower. Perrys was released in 2014 and according to the <a href="http://www.dc.state.fl.us/offenderSearch/detail.aspx?Page=Detail&amp;DCNumber=A50372&amp;TypeSearch=AO">Florida Department of Corrections</a>, he will be on felony probation until 2044.
Perrys&#8217; hiring has caused controversy because his employer is unwilling to hire pilots who have not been vaccinated against COVID in the name of ‘safety.’
“Apparently JetBlue won’t hire unvaccinated pilots, but they will hire violent convicted felons to fly their airplanes,” one pilot said, speaking on condition of anonymity.
Roughly a year ago JetBlue implemented a company-wide vaccine mandate, arguing in public that as a federal contractor they were required to do so by a Biden Administration rule. The relevant rule, however, has been delayed, then blocked by an injunction which was only lifted last month, and even now is <a href="https://www.saferfederalworkforce.gov/contractors/">not actively being enforced</a>.
Rosiak and Carlson both lambasted the mandate and characterized it as incoherent and counter productive, since new data indicates that a <a href="https://www.dailywire.com/news/report-vaccinated-now-make-up-majority-of-covid-deaths">majority of people currently dying from COVID-19 are vaccinated.</a>
“They won’t hire you if you haven&#8217;t had the vaxx, but they did hire John Perrys,” Rosiak noted, “And interestingly enough, I thought you would get a kick out of this, the crime he was convicted of was assault with a deadly weapon while wearing a mask.”

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‘Is This A Real Story?’: Tucker Carlson Flabbergasted By JetBlue’s Felon Pilot

Tucker Carlson Flabbergasted By JetBlue's Felon Pilot

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JetBlue

Tucker Carlson

Some JetBlue pilots are outraged after the airline hired a violent felon to fly planes even as it refuses to hire people who haven’t taken the <a href="https://www.dailywire.com/topic/covid" target="_blank" rel="noopener">COVID</a> vaccine, citing safety.
Two pilots told The Daily Wire that JetBlue has hired John Perrys, who was sentenced to 10 years in prison for breaking into the home of a judge and attacking his daughter as she left the shower. Perrys was released from prison in 2014 and is on felony probation until 2044, according to the <a href="http://www.dc.state.fl.us/offenderSearch/detail.aspx?Page=Detail&amp;DCNumber=A50372&amp;TypeSearch=AO" target="_blank" rel="noopener">Florida Department of Corrections</a>.
“Apparently JetBlue won&#8217;t hire unvaccinated pilots, but they will hire violent convicted felons to fly their airplanes,” one pilot said, speaking on condition of anonymity to protect his job.
In 2005, The Associated Press reported that Perrys, then an Air Force captain, was charged in Florida with burglary and assault with a deadly weapon while wearing a mask, and that he faced up to life in prison. Perrys allegedly entered the home of a judge and beat the judge&#8217;s daughter, who was his former fiancée, with a metal baton as she left the shower.
Police said that when he was arrested, he was wearing a bulletproof vest and his vehicle contained knives, handcuffs, parachute cord, a shovel, and a mask, according to <a href="https://www.ocala.com/story/news/2005/08/21/pilot-charged-in-attack-at-judges-home/31342281007/" target="_blank" rel="noopener">the AP</a>. Perrys was eventually convicted of aggravated battery with intent to cause death or great harm. He served nine years behind bars, including more than five years in pretrial detention.
JetBlue’s <a href="https://careers.jetblue.com/job/Orlando-First-Officer-FL-32827/939859900/" target="_blank" rel="noopener">job applications</a> say, “Every decision JetBlue has made throughout the pandemic has been with our safety value front and center. Whether it’s requiring masks, or many of the other health and safety protocols we’ve had to navigate during the pandemic, all of these efforts have been focused on making the workplace and air travel safer for you and our Customers. As part of our commitment to health and safety, COVID-19 vaccines are required for all JetBlue employees. New hire employees must be fully vaccinated prior to the start of training.”
In November 2021, JetBlue said it was <a href="https://www.foxbusiness.com/lifestyle/jetblue-nearly-all-staff-will-be-vaccinated-mandate-deadline" target="_blank" rel="noopener">requiring</a> nearly all of its 21,000 crew members to take the COVID vaccine, saying it had no choice because it qualified as a federal contractor and was therefore obligated to abide by a Biden administration rule.
But the government never actually enforced that rule. It was delayed, then blocked by an injunction from a judge. Last month, the injunction was lifted, but the following day, the government <a href="https://www.saferfederalworkforce.gov/contractors/" target="_blank" rel="noopener">said</a>, &#8220;Despite the lifting of the nationwide bar to enforcement on October 18, 2022, at this time agencies should not: (1) take any steps to require covered contractors and subcontractors to come into compliance with previously issued Task Force guidance; or (2) enforce any contract clauses implementing Executive Order 14042.”
JetBlue did not respond to requests from The Daily Wire about its vaccine policies or the hiring of Perrys.
A screenshot of an internal JetBlue web page reviewed by The Daily Wire listed Perrys as a &#8220;Pilot Trainee&#8221; and a &#8220;Crewmember since July 20, 2022.&#8221; Another picture showed him beneath a banner that said &#8220;Congratulations Class 34-22,&#8221; referring to his training. Perrys did not return a request for comment.
The first pilot who spoke with The Daily Wire said that the airline was training Perrys to fly the Airbus A320, and that “several instructors have refused to train him. Many captains have told management they’ll refuse to fly with him.”
A second pilot said he is “on the line as a flying pilot in control of a plane with up to two hundred paying and oblivious souls on board.”
Editor&#8217;s Note: A previous version of this story misstated the state in which Perrys was arrested, omitted the fact that a substantial portion of his time in custody occurred before his trial, and did not include the charge for which he was ultimately convicted. The story has been updated.

JetBlue Won’t Hire The Unvaxxed, But Hired Violent Felon To Fly Planes

Air Travel

Crime

Thanksgiving

A California appeals court ruled against the San Diego Unified School District on Tuesday by affirming school districts lack the authority to impose student COVID vaccine mandates.
The 4th District Court of Appeal agreed with a lower court&#8217;s <a href="https://www.sirillp.com/wp-content/uploads/2022/11/SD-Appeal-decision-ebae31d7a4c2fc1f05bc4144fe5db74b.pdf" target="_blank" rel="noopener">ruling</a>, which determined that only state lawmakers could require a vaccine for in-person school attendance leaving &#8220;no room for each of the over 1,000 individual school districts to impose a patchwork of additional vaccine mandates.&#8221;
District officials adopted a &#8220;Vaccination Roadmap&#8221; in September 2021 that would have required a COVID vaccine for students 16 or older to attend in-person classes, enroll in sports, and engage in other extracurricular activities. However, the anti-mandate group Let Them Choose posed a legal challenge to the district in October 2021.
The court called the district&#8217;s so-called roadmap a strained argument that does not actually mandate students to be vaccinated against COVID but &#8220;rather gives them a choice to either do so or be enrolled in independent study,&#8221; adding the choice resembles &#8220;the school cafeteria offering a choice between Brussels sprouts or broccoli.&#8221;
&#8220;We doubt that students and their parents perceive a real choice,&#8221; the court filing reads. &#8220;For some, independent study would likely be a step backwards.&#8221;
The ruling cited reports from California Department of Education officials who argue that independent study programs work for some students who typically have support from their parents or guardian, motivation, and a strong commitment to work independently.
Lee Andelin, attorney for plaintiff Let Them Choose, told the <a href="https://www.latimes.com/california/story/2022-11-23/san-diego-unified-covid-vaccine-mandate-appeals-court">Los Angeles Times</a> the court&#8217;s ruling makes a &#8220;great win for children and the rule of law and ensures consistency statewide.&#8221;
&#8220;The published opinion applies to all California school districts and sets important precedent to protect access to education,&#8221; Andelin said.
Dean White, a Washington-based lawyer who has been a part of several cases surrounding COVID mandates, to the <a href="https://californiaglobe.com/articles/california-appellate-court-panel-strikes-down-sdusd-appeal-of-vaccine-mandate-ban/">California Globe</a> that the district could have avoided the issue if only it allowed religious and personal belief exemptions.
&#8220;A lot of parents still would have not liked the mandate itself, but it would have given many a reasonable way out,&#8221; White said. &#8220;Instead, the district backed them into a corner and didn&#8217;t even hear them out on it before putting in that mandate.&#8221;
White argued although children&#8217;s health and safety are essential, religious beliefs are also important, citing students have the right to individually pray or wear religious symbols such as the cross, the star of David, or a hijab.
&#8220;But here, even if it went against your beliefs, they said you had to take a vaccine and go against your faith, or go to alternate methods,&#8221; White added. &#8220;You can see why judges keep siding on these groups challenging school districts over this — and the San Diego case is huge and precedent-making.&#8221;
Mike Murad, San Diego Unified spokesperson, told the L.A. Times the district is examining the appeals court ruling and &#8220;will consider its next steps.&#8221;

Anti-COVID Vaccine Parents Rally at LAUSD Headquaraters

California Appeals Court Rules School Districts Can’t Mandate Own COVID Vaccine Requirements For Students

California Appeals Court Strikes Down School Districts Mandating COVID Vaccine Requirements For Students

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All students at the <a href="https://www.dailywire.com/topic/notre-dame-university" target="_blank" rel="noopener">University of Notre Dame</a> will have a COVID vaccine booster <a href="https://www.dailywire.com/topic/vaccine-mandate" target="_blank" rel="noopener">mandate</a> imposed on them for the 2023-24 school year.
Notre Dame&#8217;s University Health Services announced Tuesday that it was imposing the mandate on all students for the next school year. In order to attend classes on campus, and even remotely, next year, students must receive a booster of the COVID vaccine. Conservatives blasted the university for imposing the policy on students.
Mary Frances Myler, a postgraduate fellow at Notre Dame&#8217;s Center for Citizenship and Constitutional Government, shared a screenshot of the email on Twitter. &#8220;As of today, Notre Dame will require yet ANOTHER round of the vaccine for students,&#8221; Myler wrote. &#8220;The pandemic ended, but the Covid Regime remains fully intact and detached from reality.&#8221;
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As of today, Notre Dame will require yet ANOTHER round of the vaccine for students. The pandemic ended, but the Covid Regime remains fully intact and detached from reality. <a href="https://t.co/iyjlgsqwdz">pic.twitter.com/iyjlgsqwdz</a>
— Mary Frances Myler (@mfmyler) <a href="https://twitter.com/mfmyler/status/1592322475073105920?ref_src=twsrc%5Etfw">November 15, 2022</a></blockquote>
In the email itself, University Health Services Director Edward P. Junkins touted the University&#8217;s low rate of COVID cases and attributed it to the school&#8217;s vaccination rate. &#8220;In an effort to continue this trend and prevent serious illness related to coronavirus, I write today to inform you that the COVID-19 bivalent booster vaccine is required of all students — undergraduate, graduate, and professional, including students studying or performing research remotely and/or virtually — to enroll in classes for the 2023-24 academic year,&#8221; Junkins stated.
The email encouraged students to receive the booster either before traveling or during the Thanksgiving or Christmas holidays, or at a University vaccination clinic once students return in January. Once they have received their booster, they must upload documentation to the university system. Students can also receive exemptions, but must apply for one unless they have an existing exemption.
&#8220;As with all required University vaccines, if you fail to complete this requirement or are not granted an exemption, a hold will be placed on your student account, which will prevent you from registering for classes for the fall 2023 semester,&#8221; the email stated. &#8220;All current students have until Wednesday, March 1, 2023 to fulfill the bivalent booster vaccine requirement for the 2023-24 academic year.&#8221;
<a href="https://ndsmcobserver.com/2022/11/university-announces-additional-covid-19-booster-requirement/" target="_blank" rel="noopener">The Observer</a>, an independent newspaper covering Notre Dame and her sister colleges, also reported on the email.
The University&#8217;s vaccine mandate comes even as leading experts have shown a high risk of adverse effects. In October, Florida Surgeon General <a href="https://www.dailywire.com/news/florida-surgeon-general-issues-warning-for-mrna-coronavirus-vaccines-fl-will-not-be-silent-on-the-truth" target="_blank" rel="noopener">Joseph Ladapo</a> announced that the state recommends against giving mRNA COVID vaccines to adult men ages 18 to 39 because of a heightened risk of cardiac-related death, as The Daily Wire reported. In addition, a study from the American College of Cardiology showed that adults, both male and female, experienced higher rates of myocarditis and pericarditis from the <a href="https://www.dailywire.com/news/myocarditis-risk-from-covid-19-vaccines-up-to-3-times-higher-from-moderna-than-pfizer-study" target="_blank" rel="noopener">Moderna vaccine</a>.
Conservatives blasted the University in response to the news.
&#8220;Notre Dame requiring bivalent covid booster for all students… including remote students,&#8221; conservative commentator <a href="https://twitter.com/Liz_Wheeler/status/1592755840880373760?s=20&amp;t=Dkrinsnou6yAa-p3-wx8wg" target="_blank" rel="noopener">Liz Wheeler</a> wrote on Twitter. &#8220;Good Lord, don’t waste your money sending your child to an anti-science institution.&#8221;
&#8220;The fact that it&#8217;s a Catholic school makes this absurd requirement even worse, I say this as a Catholic&#8230;&#8221; <a href="https://twitter.com/ChristinaPushaw/status/1592611941234913280?s=20&amp;t=Slr9bAAWoi_EvxHejcCH1g" target="_blank" rel="noopener">Christina Pushaw</a>, Rapid Response director for Florida Governor Ron DeSantis, replied to Myler&#8217;s tweet.
&#8220;You have to wonder what exactly it is they’re teaching at ND for 58k a year, because clearly it isn’t science,&#8221; digital strategist <a href="https://twitter.com/AlexaTamlyn/status/1592560324431183874?s=20&amp;t=h1kchlAB6tnLtwOxIS2uRg" target="_blank" rel="noopener">Tamlyn Sheng</a> tweeted.
&#8220;Do you realize now that none of this will eventually &#8216;run out of steam&#8217;?&#8221; venture capitalist <a href="https://twitter.com/RickDeVos/status/1592646383798194176?s=20&amp;t=NFQMtr6QFWlpnYyAj70EMA" target="_blank" rel="noopener">Rick DeVos</a> commented.
&#8220;Absurd,&#8221; Republican Texas Congressman <a href="https://twitter.com/chiproytx/status/1592590054358421504?s=20" target="_blank" rel="noopener">Chip Roy</a> wrote.
&#8220;Insane. These poor students,&#8221; podcast host <a href="https://twitter.com/megynkelly/status/1592603639126056960?s=20&amp;t=GJFiOUD0PFPtJfeZkcOPYg" target="_blank" rel="noopener">Megyn Kelly</a> tweeted.
&#8220;So much science,&#8221; Maryland state delegate <a href="https://twitter.com/MattMorgan29A/status/1592668784770547712?s=20&amp;t=FZta7Ncqe7e19-4mVRK4Xw" target="_blank" rel="noopener">Matt Morgan</a> mocked.

Campus scene University of Notre Dame

‘An Anti-Science Institution’: Long After End Of COVID Pandemic, Notre Dame Imposes Vaccine Mandate On All Students, Even Remote Ones, For 2023-24 School Year

Long After End Of COVID Pandemic, Notre Dame University Imposes Vaccine Mandate On All Students, Even Remote Ones, For 2023-24 School Year

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