Tuesday, April 19, 2022

Meanwhile -- In The "Logical, Black Letter Law-Compliant" Land Of Granting Wide Deference To Federal Governmental Public Health Decision-Making... Supremes Edition.


We here doff our hat, and in the process note that the irrepressible Amy Howe, at the excellent SCOTUSblog, has overnight offered a sublime piece on what is the actual state of the law -- at least as according to the nation's HIGHEST court (i.e., not made up, out of whole cloth, by a plainly-unqualified 34 year old -- who's never tried a case, and reportedly finished near the bottom of her class in law school!).

She recounts here a decision allowing for the removal from active duty of a fighter pilot -- for refusal to vaccinate after getting COVID, and recovering:

. . .The Supreme Court on Monday turned down a plea from a lieutenant colonel in the Air Force Reserve to block the Air Force from disciplining him because he is not vaccinated against COVID-19. Three justices – Clarence Thomas, Samuel Alito, and Neil Gorsuch -- indicated that they would have granted the request and allowed him to continue to serve while his appeal continues.

The case, Dunn v. Austin, was brought by Lt. Col. Jonathan Dunn, an Air Force pilot who has served combat tours in Afghanistan and left active duty for the Air Force Reserve eight years ago. Dunn tested positive for COVID-19 last summer and requested a religious exemption from the Department of Defense’s requirement that all active-duty and reserve members of the armed forces be vaccinated against COVID-19. After his request was denied, Dunn was relieved of his command of a squadron; he then went to federal court in California, arguing that the denial of his request for a religious exemption violated both federal law and the Constitution when the Pentagon had granted “thousands” of exemptions for secular reasons.

The federal district court rejected Dunn’s request for a temporary order that would have barred the Air Force from taking action against him because of his failure to be vaccinated, and the U.S. Court of Appeals for the 9th Circuit also declined to step in. . . .


Confidential note to that Florida judge: the highest court is saying. . . you got it wrong. And your illogical, unscientific decision, whether appealed and reversed, or not. . . will kill people, now -- and needlessly so. Out.

नमस्ते

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