Posted on Mar 26, 2022
Supreme Court gives Biden win for now in Navy vaccine case
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The U.S. Supreme Court ruled Friday that the Navy may consider sailors’ vaccination status in making deployment, assignment and other operational decisions while a lawsuit on the military's vaccination mandate plays out in court. (J. Scott Applewhite/AP)
The Supreme Court is giving the Navy a freer hand determining what job assignments it gives to 35 sailors who sued after refusing on religious grounds to comply with an order to get vaccinated against COVID-19.
The high court in a brief order Friday sided with the Biden administration and said that while the lawsuit plays out, the Navy may consider the sailors’ vaccination status in making deployment, assignment and other operational decisions. The group that sued includes mostly Navy SEALs.
PO1 William "Chip" Nagel Lt Col Charlie Brown SSG Michael Noll Lt Col John (Jack) Christensen Cpl Vic Burk MAJ Dale E. Wilson, Ph.D. SGT (Join to see) PO2 Marco Monsalve SGT David A. 'Cowboy' Groth ] SSG William Jones Sgt (Join to see) 1SG Dan Capri CDR Andrew McMenamin, PhD MAJ Bob Miyagishima SrA John Monette SPC Nancy Greene SGT Mark Anderson LTC (Join to see) SGT James Murphy SGT Damaso V Santana
The U.S. Supreme Court ruled Friday that the Navy may consider sailors’ vaccination status in making deployment, assignment and other operational decisions while a lawsuit on the military's vaccination mandate plays out in court. (J. Scott Applewhite/AP)
The Supreme Court is giving the Navy a freer hand determining what job assignments it gives to 35 sailors who sued after refusing on religious grounds to comply with an order to get vaccinated against COVID-19.
The high court in a brief order Friday sided with the Biden administration and said that while the lawsuit plays out, the Navy may consider the sailors’ vaccination status in making deployment, assignment and other operational decisions. The group that sued includes mostly Navy SEALs.
PO1 William "Chip" Nagel Lt Col Charlie Brown SSG Michael Noll Lt Col John (Jack) Christensen Cpl Vic Burk MAJ Dale E. Wilson, Ph.D. SGT (Join to see) PO2 Marco Monsalve SGT David A. 'Cowboy' Groth ] SSG William Jones Sgt (Join to see) 1SG Dan Capri CDR Andrew McMenamin, PhD MAJ Bob Miyagishima SrA John Monette SPC Nancy Greene SGT Mark Anderson LTC (Join to see) SGT James Murphy SGT Damaso V Santana
Supreme Court gives Biden win for now in Navy vaccine case
Posted from armytimes.com
Supreme Court
Office of the President (POTUS)
Health
Posted 2 y ago
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I have a hard time contemplating a military where you can't be deployed because of some of your "beliefs" about being vaccinated. Did I want some of those vaccinations the military made me get, heck no but they were necessary to be able to do my job any place in the world at any time! Don't like it, get out, don't whine and sue.
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SFC Joe S. Davis Jr., MSM, DSL
..."Justice Brett Kavanaugh wrote that there was a “simple overarching reason” that he agreed with the court's decision. The Constitution makes the president, “not any federal judge,” the commander in chief of the armed forces, he wrote, noting that courts have been traditionally "reluctant to intrude upon the authority of the Executive in military and national security affairs.”
Three conservative justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — noted that they disagreed with their colleagues' decision and would have sided with the group of SEALs.
Alito wrote that his colleagues were “rubberstamping the Government’s request.” "These individuals appear to have been treated shabbily by the Navy, and the Court brushes all that aside,” Alito wrote.
A federal judge in Texas in January issued a preliminary injunction barring the Navy from acting against the sailors. The Biden administration said it was not asking the Supreme Court to block parts of the lower court order barring the sailors from being disciplined or discharged but only the requirement that their assignments be made without considering their vaccination status. That requirement posed "intolerable risks to safety and mission success," the administration had argued.
“Navy personnel routinely operate for extended periods of time in confined spaces that are ripe breeding grounds for respiratory illnesses, where mitigation measures such as distancing are impractical or impossible. A SEAL who falls ill not only cannot complete his or her own mission, but risks infecting others as well, particularly in close quarters, including on submarines,” Biden administration lawyers wrote."...
..."Justice Brett Kavanaugh wrote that there was a “simple overarching reason” that he agreed with the court's decision. The Constitution makes the president, “not any federal judge,” the commander in chief of the armed forces, he wrote, noting that courts have been traditionally "reluctant to intrude upon the authority of the Executive in military and national security affairs.”
Three conservative justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — noted that they disagreed with their colleagues' decision and would have sided with the group of SEALs.
Alito wrote that his colleagues were “rubberstamping the Government’s request.” "These individuals appear to have been treated shabbily by the Navy, and the Court brushes all that aside,” Alito wrote.
A federal judge in Texas in January issued a preliminary injunction barring the Navy from acting against the sailors. The Biden administration said it was not asking the Supreme Court to block parts of the lower court order barring the sailors from being disciplined or discharged but only the requirement that their assignments be made without considering their vaccination status. That requirement posed "intolerable risks to safety and mission success," the administration had argued.
“Navy personnel routinely operate for extended periods of time in confined spaces that are ripe breeding grounds for respiratory illnesses, where mitigation measures such as distancing are impractical or impossible. A SEAL who falls ill not only cannot complete his or her own mission, but risks infecting others as well, particularly in close quarters, including on submarines,” Biden administration lawyers wrote."...
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