The high court in a brief order Friday sided with the Biden administration and said that while the lawsuit plays out, the Navy may consider the sailors’ vaccination status in making deployment, assignment and other operational decisions. The group that sued includes mostly Navy SEALs.
Justice Brett Kavanaugh wrote that there was a “simple overarching reason” that he agreed with the court’s decision. The Constitution makes the president, “not any federal judge,” the commander in chief of the armed forces, he wrote, noting that courts have been traditionally “reluctant to intrude upon the authority of the Executive in military and national security affairs.”
Three conservative justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — noted that they disagreed with their colleagues’ decision and would have sided with the group of SEALs.