Slate: An Anti-Vax Judge is Preventing the Navy from Deploying a Warship

[Fergasun]

Slate: An Anti-Vax Judge is Preventing the Navy from Deploying a Warship

Quote

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.

...

Quote

 In declarations, Vice Admiral D.W. Dwyer and Captain Frank Brandon explained that Doe’s anti-vax beliefs are part of a broader pattern of insubordination. Brandon testified that last November, he spoke with Doe on Doe’s ship one day before its scheduled departure. Doe was experiencing multiple symptoms of COVID, and appeared to have a relatively severe case; he could, Brandon recalled, “barely speak.” Yet Doe refused to get tested—a clear violation of protocol—and attended a briefing in a cramped room with about 60 other people. Brandon ordered Doe to get a test, which revealed that he did, indeed, have COVID, and exposed dozens of others to the virus.

This story is insane.  Those on the "right" who for decades have complained about "activist judges" are now themselves become activist judges.  The Executive Branch can't even do anything to overturn this.  There's no way that the US military has to wait for litigation/Federal Courts before taking action, especially since that action isn't even demoting, rather it is moving them out of the way and giving command to a ship.  

[The Evil Genius]

Why wouldn't this be something the JAG handles? 

[PokerPacker]

1 hour ago, Fergasun said:

Those on the "right" who for decades have complained about "activist judges" are now themselves becoming activist judges.

They always were.

[Bang]

The man has to have violated the UCMJ by ignoring direct orders, and I am sure they can come up with probably a dozen other charges.
Courts Martial his ass. 
Since when do civilian judges have this sort of authority over the internal workings of the military?

 

~Bang

[TheGreatBuzz]

15 minutes ago, Bang said:

Since when do civilian judges have this sort of authority over the internal workings of the military?

Thats my thought.  I’d like to see the Navy put another senior officer on the ship and tell them to get underway.  Order the CO that he is not allowed to give any orders at all and must remain in his stateroom.  Hit international waters and then ignore what that judge says.

[Renegade7]

What are the sanctions?  $700+ billion defense budget and they can't absorb that "hit" to jus remove him anyway?

[Fergasun]

In a similar case, the Supreme Court is allowing US Navy to control Navy Seals deployments.  So, that ruling is likely to control the outcome of this case. 

 

Thomas, Gorsuch, and Alito dissented.  Dissent pointed out that the chain of command didn't even pretend to consider the exemption and even told the Seals they should prepare to be sepersted.  

[TheGreatBuzz]

2 hours ago, Fergasun said:

sepersted

 

???

[Fergasun]

1 hour ago, The Almighty Buzz said:

 

???

Separated.... 

[PokerPacker]

1 hour ago, The Almighty Buzz said:

 

???

Cofeve

[Cooked Crack]