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The Supreme Court approved an emergency request from the Defense Department on Friday, briefly freezing a lower-court ruling that required the Navy to deploy unvaccinated Navy SEALs.
The high court’s order momentarily blocks part of a January ruling by a Federal Judge in Texas that prevented the department from weighing vaccination conditions in deployment decisions involving unvaccinated Navy special forces operators who sought a religious exemption.
The federal court had actually sided with 26 members of the Navy SEALs as well as nine various other unique operations forces personnel that argued they are qualified for a religious exemption to the vaccination mandate due to the First Amendment. The Biden management argued the reduced court ruling usurped the Navy’s authority to release the servicemembers and perform goals.
The brand-new order means the Navy can limit deployment as well as training of the team of SEALs and also special procedures forces personnel. U.S. District Judge Reed O’Connor additionally banned the Navy from enforcing the vaccination mandate against the 35 servicemembers associated with the match, though the management did not ask the Supreme Court to immediately lift that part of the order.
Justice Brett Kavanaugh created in a concurring opinion that the district court,
while no question well-intentioned, in effect, put itself into the Navy’s hierarchy, “overriding military commanders’ professional military judgments.”
“Under Article II of the Constitution, the president of the United States, not any federal judge, is the commander in chief of the armed forces,” Kavanaugh wrote. “In light of that bedrock constitutional principle, ‘courts traditionally have been reluctant to intrude upon the authority of the Executive in military and national security affairs.’”
Three conservative justices– Clarence Thomas, Samuel Alito as well as Neil Gorsuch– dissented.
“By rubberstamping the government’s request for what it calls a ‘partial stay,’ the court does a great injustice to the 35 respondents – Navy Seals and others in the naval special warfare community – who have volunteered to undertake demanding and hazardous duties to defend our country,” Alito wrote in a dissent joined by Gorsuch. “These individuals appear to have been treated shabbily by the Navy, and the Court brushes all that aside. I would not do so, and I therefore dissent.”
The Biden-Harris regime told the Supreme Court that vaccine mandates are “the least restrictive means of furthering the Navy’s compelling interests in ensuring that members of the Special Warfare community are as physically prepared as possible to execute their demanding missions and in minimizing avoidable risks to mission success.”
At least 98.5 percent of active and reserve personnel of the Navy have taken the coerced ‘vaccine’ for Covid-19, USA Today reported which per released numbers as of August 2021 from the USN would amount to some 6,131 unvaccinated active and reserve members.
H/T National Review