In an emergency order, the U.S. Supreme Court restored the Navy's ability to consider COVID-19 vaccination status when making decisions about assigning and deploying members of the Navy. We've gathered articles on the news from SHRM Online and other media outlets.
"If you are a military service member, you should assume that choosing not to get vaccinated will have a major impact on your ability to continue in your role," said David Gordon, an attorney with Mitchell Silberberg & Knupp in New York City. "If the military decides you are ineligible for a role based on your vaccination status, don't count on the court system coming to your rescue."
High Court's Emergency Order and Concurring Opinion
As is common in emergency orders, the Supreme Court's majority provided no reasoning for its decision. Nonetheless, in a concurring opinion, Justice Brett Kavanaugh said federal courts shouldn't insert themselves into military decision-making. He cited a statement the government submitted from Admiral William Lescher, vice chief of naval operations, who said it would be a "dereliction of duty" to order "unvaccinated personnel into an environment in which they endanger their lives, the lives of others and compromise accomplishment of essential missions."
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