Post by goldenvalley on Mar 5, 2022 16:58:46 GMT
The judge that blocked a CDC order concerning cruise ships a year ago now has prevented the Navy from removing the commanding officer from a ship. And he's a Bush the Elder appointee.
The Religious Freedom Restoration Act is the basis for this. We're seeing the unintended consequences of that legislation that is coming from judges deciding that there is no compelling interest in the government's regulation or that the regulation is not the least restrictive way of achieving the interest. It's looking as if the free exercise clause of the 1st Amendment is like the sacred 2nd Amendment...two things that override any societal interest that are alleged to burden those two rights.
I'm speculating here but if this officer were deployed in certain tropical places he was probably required to get vaccinations to deal with diseases unique to those places. And of course there are standard vaccinations required before children can go to public (and many times private) schools too. Why is a Covid vaccine special in the minds of some people? If a person is worried about vague claims that Pfizer and Moderna vaccines were based on fetal tissue they can always get J&J.
At this moment, the United States Navy is preparing to deploy a 10,000-ton warship carrying 320 officers and sailors, along with missiles, torpedoes, and a mounted artillery gun. This ship, known as a guided-missile destroyer, defends the United States and its allies on the seas. Although its next mission remains secret, it may bolster American military presence in Europe as Russian aggression pushes the continent into war. But the Navy cannot currently deploy this warship, because it has lost trust in its commanding officer, an anti-vaxxer who has repeatedly disobeyed lawful orders, misled superiors, and allegedly exposed dozens of his crew to COVID-19 due to a refusal to get tested.
The Navy wants to remove this officer, whom I’ll call John Doe, from command of the destroyer. But it can’t, because a single federal judge in Tampa has forbidden it. This judge has overruled multiple admirals and captains who assert, under oath, that deploying the ship with Doe in charge would imperil national security. He instead ordered the Navy, under threat of sanction, to keep this disobedient officer in charge of a $1.8 billion warship. The federal judiciary is quite literally preventing the nation from defending itself at sea.
That judge, Steven Douglas Merryday, is a George H.W. Bush nominee who sits on a federal trial court in Florida. He gained notoriety in 2021 after blocking a CDC order that limited cruise ship operations due to the pandemic. So, when the far-right Liberty Counsel sought to halt President Joe Biden’s COVID-19 vaccine mandate for the armed forces, they took their case to Merryday’s court. Predictably, they prevailed: In February, Merryday ruled that the mandate violated the Religious Freedom Restoration Act, siding with the plaintiffs, Navy Commander John Doe and Lieutenant Colonel Jane Smith. (I’ve applied these pseudonyms to the officers because the court granted them anonymity.)
But Merryday did not merely exempt Doe and Smith from the mandate. Rather, he handed down a sweeping restraining order that prohibited the Navy from taking any “adverse action” against the plaintiffs because of their unvaccinated status. Specifically, he barred the Navy from reassigning them for any reason whatsoever.
The Navy wants to remove this officer, whom I’ll call John Doe, from command of the destroyer. But it can’t, because a single federal judge in Tampa has forbidden it. This judge has overruled multiple admirals and captains who assert, under oath, that deploying the ship with Doe in charge would imperil national security. He instead ordered the Navy, under threat of sanction, to keep this disobedient officer in charge of a $1.8 billion warship. The federal judiciary is quite literally preventing the nation from defending itself at sea.
That judge, Steven Douglas Merryday, is a George H.W. Bush nominee who sits on a federal trial court in Florida. He gained notoriety in 2021 after blocking a CDC order that limited cruise ship operations due to the pandemic. So, when the far-right Liberty Counsel sought to halt President Joe Biden’s COVID-19 vaccine mandate for the armed forces, they took their case to Merryday’s court. Predictably, they prevailed: In February, Merryday ruled that the mandate violated the Religious Freedom Restoration Act, siding with the plaintiffs, Navy Commander John Doe and Lieutenant Colonel Jane Smith. (I’ve applied these pseudonyms to the officers because the court granted them anonymity.)
But Merryday did not merely exempt Doe and Smith from the mandate. Rather, he handed down a sweeping restraining order that prohibited the Navy from taking any “adverse action” against the plaintiffs because of their unvaccinated status. Specifically, he barred the Navy from reassigning them for any reason whatsoever.
I'm speculating here but if this officer were deployed in certain tropical places he was probably required to get vaccinations to deal with diseases unique to those places. And of course there are standard vaccinations required before children can go to public (and many times private) schools too. Why is a Covid vaccine special in the minds of some people? If a person is worried about vague claims that Pfizer and Moderna vaccines were based on fetal tissue they can always get J&J.