Supreme Court Justice Brett Kavanaugh not only joined the left, he wrote the majority opinion in a 6-3 decision last Friday that will allow the Joe Biden regime to purge the military of religious service members who seek exemptions from the abortion-tainted and dangerous COVID experimental jabs.
The case was Austin v. U.S. Navy SEALS in which 35 Navy SEALS were asking the Supreme Court to maintain a lower court’s decision in January to stop the Department of Defense from punishing them over their lawsuit against the military “vaccine” mandate.
Federal Judge Reed O’Connor wrote in his January decision: “The Navy service members in this case seek to vindicate the very freedoms they have sacrificed so much to protect. The COVID-19 pandemic provides the government no license to abrogate those freedoms. There is no COVID-19 exception to the First Amendment. There is no military exclusion from our Constitution.”
These Navy SEALS began their fight against this unjust experimentation last September after Secretary of Defense Lloyd Austin issues an August memo demanding military members submit or face consequences.
In this latest Supreme Court decision, Kavanaugh was joined by Amy Coney Barrett, John Roberts, Stephen Breyer, Elena Kagen and Sonia Sotomayor. Justices Samuel Alito, Neil Gorsuch and Clarence Thomas stood up for the rights of military members.
Kavanaugh wrote the left’s position:
“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, 484 U. S. 518, 530 (1988). As the Court has long emphasized, moreover, the ‘complex, subtle, and professional decisions
as to the composition, training, equipping, and control of a military 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.’”
“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,” Kavanaugh added.
In other words, Kavanaugh said members of the U.S. military are slaves to the president.
Kavanaugh writes that the Religious Freedom Restoration Act “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,” Kavanaugh wrote.
Alito wrote the dissenting opinion:
“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.”
“In August 2021, the Secretary of the Navy made COVID–19 vaccination mandatory and threatened severe consequences, including dishonorable discharge and confinement, for anyone who refused.”
Alito noted the clear evidence that the military was not taking any religious objection request seriously. He wrote that there are at least 50 steps a military members must meet to be considered for a religious exemption, and the military brass doesn’t even look at the merits of the request until 35 steps are met.
“Only at step 35 was someone in this chain told to read the exemption requests, but it appears that this individual was not given an opportunity to recommend that a request be granted…. Instead, this person’s sole task was to record pertinent information on a spreadsheet and send the package on to the vice admiral,” Alito wrote. He added: “Given the nature of this procedure, the results it produced are not surprising. Although more than 4,000 exemption requests had been submitted by February 15, 2022, not a single one had been approved when the complaint in this case was filed.”
Barrett and Kavanaugh have shown their true colors several times since the tyranny began. They both sides against New York healthcare workers and Maine healthcare workers seeking religious exemptions last year.
In January, the duo along with Roberts did decide alongside Alito, Gorsuch and Thomas against the large employer mandate, although the majority feloniously opined in support of “administrative law” meaning they believe the federal government can mandate the jabs with Congressional approval. Roberts and Kavanaugh joined the left to deny healthcare workers exemptions.