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\u2019 vaccination status in making deployment, assignment and other operational decisions. The group that sued includes mostly Navy SEALs.<\/p>\n\n\n\n
Justice Brett Kavanaugh wrote that there was a \u201csimple overarching reason\u201d that he agreed with the court\u2019s decision. The Constitution makes the president, \u201cnot any federal judge,\u201d the commander in chief of the armed forces, he wrote, noting that courts have been traditionally \u201creluctant to intrude upon the authority of the Executive in military and national security affairs.\u201d<\/p>\n\n\n\n
Three conservative justices \u2014 Clarence Thomas, Samuel Alito and Neil Gorsuch \u2014 noted that they disagreed with their colleagues\u2019 decision and would have sided with the group of SEALs.<\/p>\n\n\n\n