Right wing judge decides the freedom to disobey the military chain of command is more important than national security

This story is absolutely bonkers:

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.

This order created immediate problems. An active-duty member of the Marine Corps, Smith is slated to take command of a Combat Logistics Battalion later this year. As Lieutenant General W.M. Jurney attested, this commander must disembark at ally nations all over the world. Many of these countries require all U.S. service members to be vaccinated against COVID before stepping on their shores. Because she is unvaccinated, Smith is not “worldwide deployable,” in Jurney’s words. And yet Merryday has forced the Navy to deploy her.

But Doe poses the bigger threat. He is currently the commanding officer of a warship that may soon set sail. If he falls seriously ill at sea—which is more likely because he refuses the vaccine—he may thwart the entire mission. The issue, however, goes deeper than that. 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.

Doe engaged in other deceptive behavior. For instance, when requesting leave, he concealed the fact that he was flying to another state, which would have triggered a mandatory risk assessment. After Brandon discovered this subterfuge, he learned that Doe had traveled to a high-risk area, requiring five days’ quarantine upon return. Doe did not inform his Executive Officer of this extended absence, creating a “significant and very rare” disruption “across the waterfront” during a crucial phase of ship preparation. Brandon concluded that Doe “intentionally deceived me,” “put his crew at risk,” “failed to comply with the Navy’s COVID-19 policies,” and engaged in “negligent behavior” in “performance of his duties.”

Looks like His Honor the Right Reverend Judge Merryday is angling for the Richard Epstein Amateur Epidemiology Award:

In light of these fears, the Department of Justice pleaded with Merryday to pause his decision. On Wednesday, he declined. Merryday scorned the notion that Doe might get sick, writing that he is “triumphantly fit and slim and strong.”

Among other things, this is a nice example of how a bunch of totally unscientific moral panic nonsense about how fat people are supposedly much more likely to get seriously ill from COVID has percolated down into the Federalist Society bubble, where a merry band of authoritarian theocrats with lifetime appointments are trashing any decisions taken by our political and military institutions that they happen not to like. ETA: Commenter Winifred points out that this is classic fascist language, featuring a sort of aestheticized power worship, with, as other commenters have noted, some pretty obvious homoerotic overtones.

These people need to be stopped, but I see no way of doing that in even a medium term fashion via a political system that is now essentially rigged to keep them in power forever.

In the coming days and years, liberals and leftists and even squishy centrists are going to have to decide if they’re OK with right wing judges carrying out a slow motion coup under color of law.

. . . note that from a legal perspective, the craziest aspect of this ruling is that the Navy is prohibited from even reassigning the insubordinate commander, at the same rank, pay grade etc. to another position while the case is litigated. This is something that the command structure would normally have absolute discretion to do for any reason whatsoever.