October 6, 2021- Today, Defending the Republic, with local counsel Carlos Silva of the firm Silva & Silva, filed a lawsuit against the U.S. government – including Secretary of Defense Lloyd Austin, III, HHS Secretary Xavier Becerra, and FDA Acting Commissioner Janet Woodcock – on behalf of 16 active-duty military service members in support of their right to refuse the unconstitutional and unlawful COVID-19 vaccine mandate.

These service members, which include those with natural immunity to COVID-19, women who wish to become pregnant, or who have medical conditions for which no clinical trial data is available, face severe punishment, including dishonorable discharge, the loss of their constitutional rights, and potential imprisonment if they do not get these experimental vaccines that they have every right to refuse.

The core claims raised in the lawsuit ask the court to bar the FDA and DOD from using deceptive "bait and switch" tactics and to uphold the constitutional right of every citizen to refuse an unwanted, unnecessary and unproven vaccine. The "bait and switch" involves the FDA's approval of the Comirnaty vaccine, which is not available, while the FDA and DOD instead seek to administer the experimental, unapproved version of the vaccine (which cannot be mandated) to trick service members to forfeit their rights to informed consent and to refuse an experimental vaccine.

This lawsuit also challenges the FDA's unlawful "approval" of the Comirnaty Vaccine. This approval violated the Administrative Procedure Act, contradicted the FDA's own rules, was based on flawed and incomplete scientific studies, and was made despite unprecedented numbers of adverse events – including deaths – related to the vaccine. The FDA also acted in an arbitrary and capricious manner, in that it excluded certain groups from clinical trials, including those with previous COVID-19 infection and pregnant women.

Through the filing of this lawsuit, we make clear that these service members – those who serve their country with honor – are not the property of the U.S. government, and the Constitution does not allow them to be treated as such.

To read the complete filing, visit our website: https://defendingtherepublic.org/covid/