As part of that,\u00a0they have called for exemptions based on\u00a0natural immunity<\/a>.<\/strong><\/p>\n Army Staff Sgt. Dan Robert, an infantryman at Fort Bragg, N.C., and Marine Corps Staff Sgt. Hollie Mulvihill, an air traffic controller at Marine Corps Air Station New River, N.C., filed the lawsuit in the U.S. District Court of Colorado on Aug. 17.<\/p>\n The filing names Austin as a defendant alongside Secretary of Health and Human Services, Xavier Becerra, and Janet Woodcock, acting commissioner of the Food and Drug Administration (FDA).<\/strong><\/p>\n Both the service members are filing the lawsuit on\u00a0behalf of themselves and other active duty service members\u2014including those that have survived\u00a0COVID-19\u2014who have been mandated to have the vaccine.<\/p>\n As per the lawsuit, Robert and Mulvihill claim that Austin had\u00a0publicly notified them via a memo that they are to be immediately vaccinated and that the Department of Defense (DoD) are\u00a0\u201calready vaccinating military members in open violation of their legal obligations and the rights of service members under federal law and the constitution.\u201d<\/strong><\/p>\n Roberts and Mulvihill also based their argument on the Pfizer-BioNTech\u00a0vaccine\u2019s previous emergency-use authorization standing, noting that\u00a0\u201cFederal Statutes prohibit the use of any unlicensed vaccines whatsoever on service members without their informed consent.\u201d<\/p>\n The plaintiffs are seeking declaratory and injunctive relief because the DoD is \u201cusing an Emergency Use Authorisation COVID-19 vaccine.\u201d<\/strong><\/p>\n Pfizer-BioNTech received full FDA approval\u00a0on Aug. 23, days after the lawsuit was filed.<\/p>\n The service members also want to create a medical\u00a0exemption\u2014based on evidence submitted through serologic tests, documented infection, or similar circumstances\u2014for those who were previously infected with the virus and have survived because they have \u201cnatural immunity.\u201d<\/strong><\/p>\n \u201cNeither the President, not the Secretary of Defense, nor the Secretary of the Department of Health and Human Services, nor the Secretary of the Food and Drug Administration have complied with the requirements of those controlling pieces of federal law,\u201d the service members wrote in the court filing.<\/p>\n \u201cTherefore any involuntary vaccination of plaintiffs is a direct violation of federal law, attendant regulations, and the U.S. constitution, denying plaintiffs Equal Protection laws under the 14th Amendment by treating\u00a0plaintiffs with natural immunity differently that their similarly situated peers in the military who have only simulated immunity, and violating their bodies with an experimental vaccine.\u201d<\/p><\/blockquote>\n Earlier this month, the Pentagon\u00a0said it has a \u201crange of tools\u201d to compel military service members to get the COVID-19 vaccine but noted that those who refuse to get vaccinated may not necessarily face\u00a0dishonorable discharge.<\/strong><\/p>\n![\"\"](\"https:\/\/assets.zerohedge.com\/s3fs-public\/styles\/inline_image_mobile\/public\/inline-images\/vaccine-military-700x420.jpg?itok=kEX3Oml_\")
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