Military members are seeking backpay and restoration of benefits

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Nicholas Bassen, an Army sergeant who was discharged in 2022 for not getting a vaccine, wants compensation of at least $120,000.

The suits, filed in recent months, argue that when Congress compelled the U.S. Department of Defense (DoD) to rescind its COVID-19 vaccine mandate, lawmakers carefully chose their wording.

"Congress expressly chose the term 'rescind', rather than more customary language such as 'repeal', 'amend', or 'clarify', to direct the DoD and the courts that the rescission should be applied retroactively," one states.

To support their argument, lawyers pointed to U.S. Defense Secretary Lloyd Austin's Jan. 10 memorandum, in which the retired general rescinded the mandate and ordered military leaders to remove adverse actions pertaining to vaccine refusal from the records of members still serving...

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