The Supreme Court came dangerously close to compromising national security.
On Monday, I spoke with Eugene R. Fidell to discuss the judicial battle over the limits of religious freedom for anti-vaxxers in uniform. Fidell is one of the nation’s preeminent experts in military justice and an attorney who frequently
I’ve spent most of my professional life representing military personnel. Periodically, you get clients who have been relieved for cause, maybe as navigator of a ship or a commanding officer. In the military, you get to be a commanding officer only if your superiors have trust and confidence in you. And those kinds of decisions are essentially nonreviewable. These are very touchy decisions.
I found it surprising from several perspectives. First, of the nine justices, only two have worn the uniform. One is Stephen Breyer, who was in Army Reserve. The other was Sam Alito, who obtained a commission through the ROTC program at Princeton. He was never called to duty after he graduated and was commissioned, but he went through some years of ROTC. He’s got to know better than this.He admits the Navy has a compelling interest in vaccination.
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