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Nevilledog

(51,087 posts)
Fri Mar 25, 2022, 08:47 PM Mar 2022

The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent.





https://www.vox.com/22996799/supreme-court-biden-navy-seal-vaccine-austin-covid


The Supreme Court on Friday evening decided, no, it was not going to needlessly insert itself in the military chain of command above President Joe Biden.

The Court’s decision in Austin v. U.S. Navy SEALs 1-26 largely halted a lower court order that permitted certain sailors to defy a direct order. A group of Navy special operations personnel sought an exemption from the Pentagon’s requirement that all active duty service members get vaccinated against Covid-19, claiming that they should receive a religious exemption.

A majority of the Court effectively ruled that, yes, in fact, troops do have to follow orders, including an order to take a vaccine.

The decision is undeniably a win for the balance of power between the executive branch and the judiciary that has prevailed for many decades. But the fact that the Court had to weigh in on this at all — not to mention that three justices, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dissented from the majority — is a worrisome sign about America’s judiciary.

As Justice Brett Kavanaugh explained in a brief opinion laying out why the lower court erred, this court “in effect inserted itself into the Navy’s chain of command, overriding military commanders’ professional military judgments.” Had the Court ruled the other way in SEALs, it would have effectively placed itself at the apex of the military’s chain of command, displacing Biden as commander-in-chief.

*snip*


18 replies = new reply since forum marked as read
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The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent. (Original Post) Nevilledog Mar 2022 OP
I almost thought this was satire Mad_Machine76 Mar 2022 #1
Me too. Immediately looked for "the onion" tag. And then saw vox....n/t RockCreek Mar 2022 #3
Right out of the Twilite Zone Ferrets are Cool Mar 2022 #5
Caught Me As Well, Ma'am The Magistrate Mar 2022 #6
I fear Mad_Machine76 Mar 2022 #16
Right decision. Wish those serving with William Calley had said, "No." Hoyt Mar 2022 #2
Clarence Thomas, Alito and Gorsuch Tetrachloride Mar 2022 #4
More proof Thomas is controlled by that lunatic wife of his. TheBlackAdder Mar 2022 #11
The fascist majority on this court knows they are on very thin ice & it won't take much to yaesu Mar 2022 #7
Republicans deliberately want to break the chain of command I_UndergroundPanther Mar 2022 #8
Brett Kavanaugh, Testicles? WVreaper Mar 2022 #9
Kavanaugh, Barret and Roberts have been pissing off the Magahats for awhile Kaleva Mar 2022 #14
We're at war. You can call it whatever you like, MerryBlooms Mar 2022 #10
Bravo !! Duppers Mar 2022 #13
Well, isn't that big of them? SheltieLover Mar 2022 #12
While it's comforting to know that Kavanaugh and ACB aren't lock step tools ALL the time DFW Mar 2022 #15
I saw this thread yesterday and thought it was satire. W_HAMILTON Mar 2022 #17
The supreme court has been a farce since 2000 bush v gore RANDYWILDMAN Mar 2022 #18

The Magistrate

(95,247 posts)
6. Caught Me As Well, Ma'am
Fri Mar 25, 2022, 09:10 PM
Mar 2022

I was leaning towards Mr. Borowitz rather than The Onion, and then --- straight news.

Mad_Machine76

(24,412 posts)
16. I fear
Sat Mar 26, 2022, 11:46 AM
Mar 2022

that Mr. Borowitz, The Onion, and NYT Pitchbot are fast approaching obsolescence in this timeline.

Tetrachloride

(7,839 posts)
4. Clarence Thomas, Alito and Gorsuch
Fri Mar 25, 2022, 09:04 PM
Mar 2022

t three justices, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dissented from the majority

yaesu

(8,020 posts)
7. The fascist majority on this court knows they are on very thin ice & it won't take much to
Fri Mar 25, 2022, 09:59 PM
Mar 2022

push a total revolt against the kings court that will abolish this stupid system that allows robed idiots the power they have.

I_UndergroundPanther

(12,463 posts)
8. Republicans deliberately want to break the chain of command
Fri Mar 25, 2022, 10:05 PM
Mar 2022

so republican soldiers can break ranks and fire on civilians specifically liberal civilians without consequence.Republicans have declared war against the united states. The republicans will destroy this country if they are not stopped cold.

MerryBlooms

(11,768 posts)
10. We're at war. You can call it whatever you like,
Fri Mar 25, 2022, 10:29 PM
Mar 2022

But all NATO countries are providing militarily support in supplies c130 Hercules, over 100,000 US troops, F16, AWACS, fighter patrols, refueling planes, Blackhawks, intelligence gathering drones, etc... Anyone votes against our President, is suspect in my mind.

We are battle ready all across the US. We have at least 80 fighter trainers up daily, refueling planes... Here in Medford, Oregon, the last 2 days, we have had 12 stratotankers and 1 AWACS fly in from 2 different flight paths. We're preparing for whatever putin has planned. President Biden is making sure we don't get caught with our pants down! Unlike the pos Trump, who would love putin to piss all over us, and tell us it was raining.

DFW

(54,369 posts)
15. While it's comforting to know that Kavanaugh and ACB aren't lock step tools ALL the time
Sat Mar 26, 2022, 05:12 AM
Mar 2022

Although they understood that a chain of command is a chain of command, if these same SEALs want to vote, and their home states decide they're the wrong color, they CAN be denied that right, according to the same two justices.

The lower court should not have "inserted itself into the Navy's chain of command." Good call. So, how can states' lower courts insert themselves into a constitutionally guaranteed right to vote?

We all know the answer, of course. Twenty Navy SEALs won't determine the outcome of an election. The voters of Fulton County and DeKalb county will.

W_HAMILTON

(7,864 posts)
17. I saw this thread yesterday and thought it was satire.
Sat Mar 26, 2022, 06:32 PM
Mar 2022

Today, I see the same headline pop up in my little news feed and was like, "what the hell?" and went to read the article to see what it was all about.

This conservative-hijacked Supreme Court is such a joke.

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