The Supreme Court on Friday granted the Biden administration’s request to block a lower court order preventing the Pentagon from considering COVID-19 vaccination status on deployment decisions.
The move was 6-3. Justice Clarence Thomas, Justice Samuel Alito and Justice Neil M. Gorsuch would have allowed the lower court order barring vaccination status from being considered to stay in place while the litigation continues on appeal.
Justice Brett M. Kavanaugh wrote separately to say he believed the president as commander in chief was the decision-maker for the military, not a federal judge.
“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,” he wrote.
The challenge to the vaccine mandate was brought by 35 Navy SEALs and other personnel, challenging the COVID-19 vaccine requirement in the military sans religious exemptions.
The district court issued an injunction against the government’s mandate and the U.S. Circuit Court of Appeals for the 5th Circuit denied the government’s request to lift the injunction, prompting the Biden administration to go to the high court.
Justice Alito wrote a dissent, joined by Justice Gorsuch saying they would have let the lower court order stay in place due to the treatment of the Navy SEALs.
“These individuals appear to have been treated shabbily by the Navy, and the Court brushes all that aside. I would not do so,” he wrote.
For more information, visit The Washington Times COVID-19 resource page.
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