Kavanaugh and Libs on this main issue

Note: This article may contain comments that reflect the opinions of the author.

While many would expect that Kavanaugh, after being brutally treated with his left hand in the turmoil of a confirmation hearing, would remain firmly entrenched on the right, that doesn’t appear to be the case. so. Instead, he just sided with the left on a big issue, setting the stage for Team Biden to begin demobilizing amateur Navy SEALs.

While conservative judges Clarence Thomas, Samuel Alito and Neil Gorsuch disagreed and argued that the SEALs should not be discharged for refusing to attack, Kavanaugh concurred with the leftist majority, Write:

I concur with the Court’s decision to grant the Government’s application for partial temporary residency a preliminary order of the District Court for one simple overarching reason: Under Article II of the Constitution, the President of the United States, not any federal judge, is a Commander in the Command of the Armed Forces. According to that fundamental constitutional principle, “courts have traditionally been reluctant to encroach on the Executive’s authority in military and national security matters.Department of the Navy sues Egan

Continuing to defend Team Biden’s decision to discharge non-specialized SEALs, highly trained personnel will be difficult to replace in an increasingly sober and disrespectful military, Kavanaugh Written:

Furthermore, as the Court has long emphasized, “complex, delicate and professional decisions

The composition, training, equipment and control of military forces are essentially professional military judgments. Gilligan v. Morgan, 413 US 1, 10 (1973). It is therefore “hard to imagine an area of ​​government activity in which the courts have less jurisdiction”. Led.

In this case, no doubt well-intentioned, the District Court inserted itself into the Navy’s chain of command, appreciating the professional military judgments of military commanders. The Court relied on the Religious Freedom Restoration Act. See 42 USC §2000bb − 1 (b). But even accepting that RFRA applies in this particular military context, the RFRA does not justify judicial intrusion into military affairs in this case. That’s because the Navy has a particularly compelling interest in maintaining strategic and operational control over the assignment and deployment of all Special Operations personnel — including control over decisions. military readiness.

So despite the precedent, which may not particularly apply in this case, Justice Kavanaugh is willing to grant Biden the power to disqualify people who refuse to get a Covid-19 vaccine.

Notably, RINO Chief Justice John Roberts also sided with the majority on that issue, as did Amy Barrett.

Judge Alito criticized the decision to grant the release, writing that it was an injustice and that the religious exemption program was largely theatrical. In his words:

“By fulfilling the Government’s request for what it calls “partial temporary residency,” the Court has done a great deal of injustice to 35 respondents — Navy Seals and others in the Action community. Navy Special Forces — people who have volunteered for demanding and dangerous missions to protect the Nation. These people appear to have been treated badly by the Navy, and the Court casts all that aside. I will not do so, and therefore I disagree. “

[…]Subsequent Navy directives told service members they could apply for a religious exemption, … but the program, as described by the District Court, was largely “theater”. ” is designed to result in the denial of nearly all requests.

However, while Justice Alito’s argument is strong, it doesn’t matter: thanks to the consoles – ACB, Kavanaugh and Roberts – Team Biden has solved the issue and is now set to work. started purging those who weren’t stabbed.

https://smartzune.com/kavanaugh-sides-with-libs-on-this-major-issue/ Kavanaugh and Libs on this main issue

Jake Nichol

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