The Pentagon requested that the Supreme Court temporarily grant permission to restrict the deployment of active U.S. military personnel who refuse to receive COVID shots on religious grounds.
The issue is whether or not the U.S. Navy can limit the deployment of unvaccinated persons. A group of 35 Navy SEALs, and other Navy Special Warfare personnel brought the original lawsuit. A lower court granted a preliminary injunction to stop the Pentagon from enforcing their vaccination policy.
The Court order is only temporary and will not be finalized in the lower courts.
Mike Berry, First Liberty Institute’s director of military affairs representing the SEALs, told Fox News Digital that “the Court’s narrow partial stop will not deter us from our mission to ensure America’s service personnel do not lose their religion freedom.” Justice Alito stated that this was a ‘great injustice.
Justice Brett Kavanaugh provided a concurrence explaining why he supported the Pentagon request. He stated that he does not see any reason to use the judicial power in a way that military commanders feel would compromise the United States military as it defends the American people.
Justice Samuel Alito strongly disagreed:
“By rubber stamping a request by the Government for a “partial stop,” the Court does a great indignity to the 35 respondents, which include Navy Seals and other members of the Naval Special Warfare Community. These individuals have offered to take on dangerous and demanding duties to defend our nation. The Navy appears to have treated these individuals in a poor manner, and the Court ignores all of that. This is something I wouldn’t do, and therefore I disapprove.