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Kavanaugh joins Libs, setting the stage for Biden to kick out unvaxed SEALs


Decide Brett Kavanaugh joined the Supreme Courtroom’s majority determination in his vote to permit the Pentagon to contemplate the vaccination standing of Navy SEALs in making deployment choices.

Though conservative justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented, Kavanaugh joined the bulk determination to not intrude with the navy’s coronavirus vaccine mandate.

Kavanaugh wrote in a concurring opinion:

I agree with the Courtroom’s determination to grant the federal government’s request to partially keep the District Courtroom’s preliminary injunction for one single overriding motive: below Article II of the Structure, the President of america United, not a federal decide, is the Commander-in-Chief of the Armed Forces.

Kavanaugh claimed the district court docket “successfully inserted itself into the Navy’s chain of command” by ending the navy vaccination mandate.

Thirty-five Navy SEALs filed the lawsuit after President Joe Biden’s administration mandated the coronavirus vaccine for all service members.

U.S. District Decide Reed O’Connor of the Northern District of Texas issued an order stopping the Navy from contemplating the vaccination standing of SEALs throughout deployments and different operational missions in January.

Biden’s administration appealed Decide O’Connor’s ruling to america Courtroom of Appeals for the Fifth Circuit, which declined to overturn O’Connor’s preliminary injunction blocking the time period. of the Military.

The Supreme Courtroom on Friday issued a keep of the district court docket injunction, permitting the Navy to overview vaccination standing for deployments whereas litigation surrounding the warrant continues.

The SEALs alleged that the Navy’s vaccination mandate violated their First Modification proper to spiritual freedom. Nevertheless, Kavanaugh asserted that the Spiritual Freedom Restoration Act “doesn’t justify judicial intrusion into navy issues on this case.”

“I see no motive on this case to make use of the judiciary in a means that navy commanders imagine would hurt the navy of america because it defends the American folks,” Kavanaugh concluded in his dissent.

Justice Alito referred to as the court docket’s determination a “nice injustice” in a dissenting opinion joined by Justice Gorsuch.

Decide Alito wrote:

By rubber-stamping the federal government’s request for what it calls a “partial suspension”, the Courtroom does an ideal injustice to the 35 defendants – Navy Seals and different members of the Naval Particular Warfare neighborhood – who volunteered to undertake demanding and harmful duties to defend our nation. . These folks seem to have been mistreated by the Navy, and the Courtroom dismisses all of this. I wouldn’t, so I disagree.

Though the Navy presents non secular exemptions for the vaccine, Alito echoed the emotions of Decide O’Connor who referred to as the exemption program “theatre.”

“Later Navy directives instructed the navy that they might apply for non secular exemptions, … however this program, as described by the district court docket, was largely a ‘theatre’ designed to consequence within the denial of just about all requests,” Alito wrote.

As of Wednesday, the Navy had granted solely 9 non secular lodging to members of the Prepared Particular person Reserve (who have to be totally immunized earlier than returning to service), and no non secular exemptions had been granted out of the three,320 lodging requests per energetic responsibility members.

The case will now proceed in federal court docket, which Alito mentioned might take years. However Kavanaugh’s vote with the liberal justices doesn’t bode nicely and will imply these warriors will quickly be jettisoned from the navy.

The deal is Austin vs. US Navy SEALs, No. 21A477 in america Supreme Courtroom.

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