SCOTUS rejects Air Force officer’s challenge to Biden’s COVID vaccine mandate

The U.S. Supreme Court has decided not to get involved in a case in which a military member is challenging the Biden administration’s COVID-19 vaccine mandate, the Washington Examiner reports

This is in regard to the vaccine mandate that the Pentagon issued for all military members. This particular legal challenge to the mandate comes from Lt. Col Jonathan Dunn.

Turning a blind eye

Dunn, after almost twenty years in the military, both as a commander and as a trainer, was removed from his command for refusing to get vaccinated.

The officer had requested a religious exemption, but that request was denied. Additionally, Dunn has said that he has “acquired natural immunity to the disease” after having contracted it.

Dunn, here, specifically asked the justices of the Supreme Court to step in to protect him from further punishment, including being discharged. But, the justices refused to get involved: they turned the case down.

“The application for an injunction pending appeal presented to Justice Kagan and by her referred to the Court is denied,” the court order reads. It adds, “Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application for an injunction pending appeal.”

No further details were provided.

Background

The justices of the U.S. Supreme Court also recently ruled against a group of U.S. Navy SEALs who had also challenged the Pentagon’s COVID-19 vaccine mandate for service members.

In that decision, the same three justices – Clarence Thomas, Samuel Alito, and Neil Gorsuch – also dissented. Brett Kavanaugh, on the other hand, said that the only reason he did not dissent is that “under Article II of the Constitution, the President of the United States, not any federal judge, is the Commander in Chief of the Armed Forces.”

The Biden administration, according to the Washington Examiner, has been calling on the Supreme Court justices to turn down lawsuits such as these arguing that they are an “unprecedented intrusion into core military affairs.”

It appears that the justices, at least thus far, are obliging.

One of the only big cases in which we have seen the Supreme Court rule against the Biden administration’s COVID mandates is when it blocked the administration mandate for large employers.

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