If a majority of the Supreme Court really believes that judges have no right to act as admirals, it will need to send a much stronger signal.
, increasing the number of plaintiffs 117-fold. This time, he held that the Navy does not have a compelling interest in requiring vaccination against COVID, contrary to what the Supreme Court’s decision last week implied. O’Connor noted that most
of the force is already vaccinated, and that troops with medical exemptions are allowed to remain in active duty. It was “illogical,” he wrote, to deny religious exemptions while granting medical ones, so the mandate violates RFRA. He issued a new, class-wide injunction shielding 4,095 service members from the vaccine.
To call this decision anomalous would be a vast understatement. “To have a prior restraint on administrative action is quite remarkable,” military justice experttold me. “People are trying to get federal judges to grant injunctions to prevent their discharge all the time, and typically they don’t get anywhere. They’re told, come back when the dust has settled and we’ll put you back together again if you’re right.
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