This past Friday, the Supreme Court ruled in favor of the Pentagon, allowing Navy commanders to deploy soldiers based on vaccination status. While some conservative judges were in favor of this choice, this ruling erodes the rights and protections afforded to some of the most valuable members of the military.

From The Epoch Times. The U.S. Supreme Court ruled in favor of the Pentagon on March 25, temporarily granting the department’s request to let U.S. Navy commanders consider COVID-19 vaccination status when deciding whether to deploy Navy SEALs or other Navy Special Warfare personnel.

View Comments (0)

The 6–3 ruling overturns a district court order in January, and is in place until ongoing litigation is resolved in other lower courts.

Justice Brett Kavanaugh, who was appointed by former President Donald Trump, wrote in a concurring opinion (pdf), “In this case, the District Court, while no doubt well-intentioned, in effect inserted itself into the Navy’s chain of command, overriding military commanders’ professional military judgments.”

His statement parallels an argument the Biden administration made to the Supreme Court in early March (pdf), which reads, in part: “By requiring the Navy to deploy and assign respondents without regard for their vaccination status, the district court effectively inserted itself into the Navy’s chain of command.”

Kavanaugh also wrote that the Religious Freedom Restoration Act “does not justify judicial intrusion into military affairs in this case.” He said: “That is because the Navy has an extraordinarily compelling interest in maintaining strategic and operational control over the assignment and deployment of all Special Warfare personnel—including control over decisions about military readiness. And no less restrictive means would satisfy that interest in this context….”

Alito, who was appointed by former President George W. Bush, called the ruling a “great injustice” in a dissenting opinion.

“I agree that the Navy has a compelling interest in preventing COVID–19 infection from impairing its ability to carry out its vital responsibilities, as well as a compelling interest in minimizing any serious health risk to Navy personnel.

“But the Navy’s summary rejection of respondents’ requests for religious exemptions was by no means the least restrictive means of furthering those interests.”

Alito also said he dissented due to the language of the Biden administration’s application to the Supreme Court and the high court’s order, which he said “allows the Navy to use respondents’ unvaccinated status as a reason for directing them to perform whatever duties or functions the Navy wants, including sitting alone in a room pushing paper or reading manuals for the duration of the appellate process.”

He said the Biden administration has not shown “a compelling interest” in obtaining the level of relief it sought from the Supreme Court.

“I would not rubberstamp the Government’s proposed language,” he wrote. “While I am not sure that the Navy is entitled to any relief at this stage, I am also wary, as was the District Court, about judicial interference with sensitive military decision making….”

What do you think of the Supreme Court’s decision? Share your thoughts and prayers in the comments!

(Excerpt from The Epoch Times. Photo Credit: Getty Images)