While many expected that Kavanaugh, after his brutal treatment at the hands of the left during his mess of a confirmation hearing, would remain firmly entrenched on the right, that doesn’t appear to be the case. Instead, he just sided with the left on a major issue, setting the stage for Team Biden to start discharging unvaxxed Navy SEALs.
While conservative justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented and argued that the SEALs should not be discharged for refusing the jab, Kavanaugh concurred with the leftist majority, writing:
I concur in the Court’s decision to grant the Government’s application for a partial stay of the District Court’s preliminary injunction for a simple overarching reason: 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. 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.” Department of Navy v. Egan
Continuing his defense of Team Biden’s decision to discharge the unvaxxed SEALs, highly trained personnel that will be difficult for an increasingly woke and unrespected military to replace, Kavanaugh wrote:
As the Court has long emphasized,moreover, the “complex, subtle, and professional decisions
as to the composition, training, equipping, and control of amilitary force are essentially professional military judgments.” Gilligan v. Morgan, 413 U. S. 1, 10 (1973). Therefore, it is “difficult to conceive of an area of governmental activity in which the courts have less competence.” Ibid.
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. The Court relied on the Religious Freedom Restoration Act. See 42 U. S. C. §2000bb−1(b). But even accepting that RFRA applies in this particular military context, RFRA does not justify judicial intrusion into military affairs in this case. 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.
So, out of a deference to precedent, precedent that might not be particularly applicable in this case, Justice Kavanaugh was willing to grant Biden the power to discharge those that refuse to take the Covid-19 vaccine.
Notably, RINO Chief Justice John Roberts also sided with the majority on that issue, as did Amy Barrett.
Judge Alito excoriated the decision to allow the discharges, writing that it was an injustice and that the religious exemptions program was mostly theater. In his words:
“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. 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.”
[…]Later Navy directives told service members that they could apply for religious exemptions, … but this program, as described by the District Court, was largely “theater” designed to result in the denial of almost all requests.”
But, while Justice Alito’s argument was powerful, it didn’t matter: thanks to the turncoats–ACB, Kavanaugh, and Roberts–Team Biden got its way on the issue and is now set up to start purging those who aren’t jabbed.
This story syndicated with permission from Will, Author at Trending Politics
Notice: This article may contain commentary that reflects the author's opinion.
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