Coker v Austin
Plaintiffs’ opposition to defendants’ motion To Dismiss
February 7, 2022
Late Friday night, February 5, 2022, Defending the Republic filed its motion in opposition to the Government’s motion to dismiss in the Coker v. Austin case. This case involves a challenge to the Department of Defense (DOD) COVID-19 vaccine mandate, the unlawful implementation of that mandate, and the FDA’s improper “approval” of the Pfizer-BioNTech vaccine.
The Government is attempting to get this case dismissed, in part on the grounds that these military service members have no right or basis to sue the FDA, DOD, and the branches of the armed services. The Government alleges that our clients have not suffered any “adverse action” while their COVID-19 vaccine exemption request is pending.
The Government’s contention could not be further from the truth. In fact, our clients have suffered a wide range of adverse actions, including travel and duty restrictions, reprimands, and the denial of promotions because they have submitted vaccine exemption requests. One of our clients, a doctor, was removed from his position as a medical director, has received multiple counseling sessions and reprimands, had his treating privileges suspended, and even faces the loss of his medical license for standing up for his principles, and the real science.
We also allege the DOD is illegally mandating emergency use vaccines when they only have the authority to mandate “approved” vaccines. We have informed the Court that the current FDA approved vaccines are unavailable in the United States.
Additionally, we are asking the court to reject the FDA’s “approval” of the Pfizer-BioNTech vaccine, in that it was issued without proper testing and made with the improper purpose to mandate COVID-19 vaccines for nearly all Americans.
Defending the Republic will continue to fight for the informed consent rights of all military service members and all Americans, and will do its part to hold the Biden Administration, the DOD, and the FDA accountable for their abuses of power.