The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent.
Source: Vox
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 Courts 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 Pentagons 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 Americas judiciary.
Read more: https://www.msn.com/en-us/money/news/the-supreme-court-rules-that-joe-biden-is-commander-in-chief-three-justices-dissent/ar-AAVvlyf
If anyone needed more proof the court is partisan
JoeOtterbein
(7,695 posts)...does what Ginni wants.
Jarqui
(10,094 posts)How did Ginni say the case should be decided?
Hulk
(6,699 posts)he has been an embarrassment his entire 30 years on the high court. he is exposed to just what a corrupt and spineless piece of shit he really is, and with his bat shit crazy fruitcake spouse with her hand up his ass, it's past time for him to step down. We could use a 4-5 balance in the SCOTUS ....finally. Never should have had gorsuch....kavanaugh is a drunk and rapist, and barret is an evangelical hack.
raising2moredems
(626 posts)I predict he'll be stepping down/"passed on" in 3-5 months. And since old Amy Covid got nominated and confirmed in no time flat and no consideration to a presidential election, his replacement should be in place in no time. Then go after Ginni.. I am not buying she had nothing to do with planning.
The Unmitigated Gall
(3,697 posts)Martin68
(22,614 posts)The Unmitigated Gall
(3,697 posts)Hoyt
(54,770 posts)Yo_Mama_Been_Loggin
(106,787 posts)Hoyt
(54,770 posts)need to read dissents to see if they made any legitimate distinctions.
vanlassie
(5,630 posts)to take measures to leave the military. Of course the medical requirements would have already been spelled out on joining.
Prof. Toru Tanaka
(1,901 posts)As a former vet, I remember service members give up certain rights when they sign the contract and take the oath of enlistment.
You follow lawful orders or GTFO. Cut and dry. Can't do that? Then get out!
Oh, and I say no honorable or general discharge, either. Make it an "other than honorable conditions" discharge.
jaxexpat
(6,640 posts)Blackjackdavey
(177 posts)Special forces should be reassigned. Hard to see how we can maintain readiness if our special forces units could potentially catch a disabling virus when in the field.
kwijybo
(220 posts)After having sat through a bunch of other, mandated, vaccinations when they got the job. And every booster they've taken. It's facepalm worthy that the judge initially agreed with them. It's a double facepalm there was actual dissent on the SC.
atreides1
(16,039 posts)When given an illegal order...they need to say no!
The order to get vaccinated isn't illegal!
Haggis 4 Breakfast
(1,452 posts)The legal term is "Unlawful Order," and it refers to anything that is forbidden by The Constitution, The Bill of Rights, or the UCMJ (Uniform Code of Military Justice). All active duty know what these documents mandate.
When you enlist, you understand that you are putting your rights in the hands of a higher authority. If you are deployed overseas, you will be required to receive a number of vaccinations to protect you and your team mates. Remember that there is no "I" in team. Anyone who would object to any vaccine - especially for "religious" purposes - should have thought about this before they signed on the dotted line.
soldierant
(6,598 posts)As the OP's title implies, this case is related to the 2020 election results.
brush
(53,331 posts)The lower court ruling was of course wrong in ridiculously ruling that people in military serice don't have to take orders.
But at leat SCOTUS did the right thing. It shoulld've been unanimous though.
Hoyt
(54,770 posts)Don't really have a problem with it going through Courts.
Heck, if trump were still Racist-in-Chief, I would hope troops would defy his orders to shoot BLM protestors, or something, and the Courts would back them.
wnylib
(21,146 posts)Hoyt
(54,770 posts)the vaccine should be mandated.
Personally, I think those who don't want to get vaxed should get dishonorably discharged, or just give them a chance to leave. Our military will be better off without trumpsters and stupid people.
wnylib
(21,146 posts)I fully agree with the Supreme Court ruling.
I was responding to the comment about troops refusing to fire on BLM if they had been ordered to. It would have been an illegal order.
Hoyt
(54,770 posts)said, lots of rubes -- many in military -- think it's not legal. Now, there is not question.
COL Mustard
(5,750 posts)A dishonorable discharge, or a bad conduct discharge, or for officers, a dismissal, can ONLY be handed down as a result of a court martial. This refusal, while a technical violation of the UCMJ, is never going to be tried at a court martial. So the worst they would get is a general discharge, most likely under honorable conditions.
Prof. Toru Tanaka
(1,901 posts)I believe under "other than honorable conditions" would cover that.
70sEraVet
(3,391 posts)I dont think they teach the lesson learned from the My Lai Massacre to troops in Basic Training.
The Military doesn't want a bunch of thinkers.
Look at Captain Crozier.
radicalleft
(478 posts)It IS taught very explicitly in basic training.
70sEraVet
(3,391 posts)I came to the conclusion after quizzing my son-in-law, who didn't seem to know anything about it.
But he could remember every idiotic thing Limbaugh ever said!
COL Mustard
(5,750 posts)But the order to get a vaccine is not illegal.
brush
(53,331 posts)No way, no how relatied to the Calley massacre.
Troops must take scores of other vaccines without knowing what's in them so as to be immune from diseases like malaria, yellow fever etc., as does anyone else who travels overseas.
The lower court should never have taken that case. The fact that the judge inserted himself between a DoD command readiness order and troops smacks of a trumper judge stepping way out of his jurisdiction.
Ya can't fight a war if a good percentage of your troops keep getting sick because they refused to get vaccinated.
Hoyt
(54,770 posts)brush
(53,331 posts)insubordination in the military is a serious issue. I suspect that all of those who when around their commanding officers and took that to court, have no future in the military anymore.
TreasonousBastard
(43,049 posts)on the way to Montreal to smallpox. He eventually ordered all combat troops to get the new smallpox inoculation.
Karadeniz
(22,156 posts)Cha
(295,507 posts)means Barrett and Kavanaugh agreed.. bet tffg is Pisssssssssssssed.
💙💛
Baked Potato
(7,733 posts)plimsoll
(1,657 posts)Everyone knows that Thomas will vote against any executive power while a Democrat is in office, same with Alito. Gorsuch is probably the same, but Beer Bong and Coathanger couldn't dissent and actually weaken this. If a member of the military doesn't have to follow orders, why should anyone have to obey any law they don't like?
Fundamentally Thomas, Alito and Gorsuch just showed us how closely aligned the GOP is to the Nihilists in general.
Talitha
(6,450 posts)Evolve Dammit
(16,564 posts)riversedge
(69,537 posts)dchill
(38,229 posts)(At minimum.)
fierywoman
(7,629 posts)Hoyt
(54,770 posts)speak easy
(9,072 posts)The tfg judges rulings are consistent with autocracy. What 'the decider' says goes.
Hoyt
(54,770 posts)oldsoftie
(12,376 posts)And against his proxies as well. Sometimes ALL of them.
niyad
(112,053 posts)speak easy
(9,072 posts)NullTuples
(6,017 posts)A structure intended to provide checks & balances.
Not the first time this court has tried to dismantle the entire idea of checks & balances; the Texas abortion law that evades judicial review comes to mind.
oldsoftie
(12,376 posts)NullTuples
(6,017 posts)But then they walked it back under the "greater good" theological escape clause.
oldsoftie
(12,376 posts)And then there's that list of OTC stuff that DID use them, so if they've ever used any of those items, they've violated their own "oath"
NullTuples
(6,017 posts)oldsoftie
(12,376 posts)cstanleytech
(26,024 posts)the judges below SCOTUS were wrong for not dismissing it.
karin_sj
(799 posts)How can he vote then? I read that he wasn't even doing zoom meetings.
L. Coyote
(51,129 posts)COL Mustard
(5,750 posts)Feet first.
Aviation Pro
(12,018 posts)That he didnt bother to check that its SEAL vice Seal.
So, fuck him trying to score cool guy points with NSW.
Again, fuck that poser.
Trueblue Texan
(2,342 posts)paleotn
(17,759 posts)It's the religion cover that Thomas, Alito and Gorsuch were all about. A complete bullshit smokescreen. Is there some kind of bizarre religious order inside US SEAL teams? Um, no. That's just a bullshit excuse fueled by reich wing stupidity.
Interesting that "the Handmaid" didn't side with Thomas, Alito and Gorsuch. After all, weirdo religious stuff is kind of her thing. Maybe she's seen the light and should stop calling her that. Kavanaugh must have been out on a beer run.
Response to Yo_Mama_Been_Loggin (Original post)
MustLoveBeagles This message was self-deleted by its author.
oldsoftie
(12,376 posts)There HAVE been cases where the courts ruled against the military. It didn't mean they were above the President. The writer writes more of an opinion piece than a news article.
But this "no vaccine because of my religion" nonsense has to stop. There is NOTHING in the Bible that remotely covers vaccinations. And if they go with the "aborted cells" argument, then they've already violated their "beliefs" 100s of times in their loves & careers
Farmer-Rick
(10,033 posts)But there are religious exemptions in the UCMJ that have been there for decades. For example uniform regulations must make exceptions for religious headwear. And there is an entire officer cadre that caters to religion....Chaplain.
It's not about Biden or the president. It's about controls on military members.
But vaccination status is important because the military acts as it's own blood bank. During injury in times of war, members are called in to donate blood for the injured. So, it's important that the military stay up to date on vaccinations. Also the military will have to foot the bill for all illnesses and injury to all active military members and they need a healthy military to keep costs reasonable and a military moving.
oldsoftie
(12,376 posts)So that they can then be exposed as hypocrites.
Farmer-Rick
(10,033 posts)Where in the bible did Jesus say though shall not get a COVID vaccine?
And those numb nuts have had titanus, polio and MMRI because they wouldn't be allowed in the military without them. But COVID vaccines are a religious issue? These religious idiots are Liars.
usaf-vet
(6,068 posts)... allow to rule in any case involving United States citizens. They have proven themselves to be nothing but puppets.
Martin68
(22,614 posts)cannot or will not make decisions that are not based on their political/ideological biases.
ificandream
(9,120 posts)Goes to show ya that stacking the court doesn't guarantee everything (though it does guarantee a lot).
former9thward
(31,679 posts)The court ordered a stay on the lower court's order. They did not rule on the merits of the case. The simply stayed the lower court's order until the case has a chance to be decided by an appeals court. So the case is a long ways from being actually decided.
Dan
(3,522 posts)The Grand Illuminist
(1,294 posts)Doesn't matter how close.