A lawsuit filed by the New Orleans-based Pelican Institute that challenges the Biden administration’s COVID-19 vaccine mandate for U.S. Army members will move forward even after the defense secretary last week rescinded the mandate.
The Pelican Center for Justice filed the federal lawsuit in the Western District of Louisiana last month, alleging that the Army’s plans to discharge Master Sgt. Robert Galey Jr. over his decision not to get the coronavirus shot for religious reasons is unconstitutional and capricious.
Galey, who has served at the Joint Readiness Training Center Fort Polk, La., also faces the loss of retirement benefits, plus medical care benefits for his family. This is all the result of his conclusion that getting the COVID-19 vaccination would be at odds with his faith due to the way the vaccine was tested and manufactured, according to the lawsuit.
Secretary of State Lloyd Austin on Jan. 10 officially rescinded the mandate, pointing out in a letter to Pentagon leaders that the recently enacted National Defense Authorization Act for fiscal year 2023 mandates Austin to end the policy.
“We are carefully watching how the Army implements the elimination of the DoD vaccine mandate,” the Pelican Institute's special counsel, James Baehr, told the Louisiana Record in an email. “We will not drop our case until we're assured that Master Sgt. Galey's bright future is secure."
The Pelican Institute has also contends that the two years of damages inflicted by the Army mandate on the 16-year active duty serviceman violated the Religious Freedom Restoration Act and the First Amendment. The damages resulted from loss of training opportunities, Galey’s removal from leadership posts and other actions that stunted his military career, according to the complaint.
Galey, who has recovered from COVID-19 and thus has a degree of immunity from the virus, has said he is willing to abide by social distancing, frequent handwashing, masking, regular COVID-19 testing, and working remotely to assure safety while he performs his duties, the lawsuit says.