OPINION: Supreme Court won't protect religious freedom, but Navy SEALs never quit
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The following day, the Supreme Court reached a conclusion in stark contrast to Ramirez. In Austin v. Navy SEALs 1-26, a majority of the court accepted the government’s argument that a lower court order prohibiting it from considering the vaccination status of Navy members might interfere with its ability to carry out its mission—namely, deployment and assignment decisions.
In his concurrence, Justice Kavanaugh offers the only insight we have into why that might be the case; judges make poor military commanders and should stay out of the military’s business. While Justice Kavanaugh’s rationale would typically constitute wise counsel, his conclusion ignored both the strength of the Religious Freedom Restoration Act, which protects military members, and the facts of the Navy SEALs case.
Indeed, it is likely that there are sailors currently deployed around the globe who are unvaccinated due to medical or administrative exemptions. They have and continue to perform their duties alongside their vaccinated shipmates.
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