5 ms·

So wait, how is a Florida judge allowed jurisdiction here? Isn't the military under the UCMJ [1]? In my day, this kind of clown would have been drummed out of

by r00fus 5y ago

So wait, how is a Florida judge allowed jurisdiction here? Isn't the military under the UCMJ [1]? In my day, this kind of clown would have been drummed out of service before you could say "dishonorable discharge". [1] https://en.wikipedia.org/wiki/Uniform_Code_of_Military_Justice https://en.wikipedia.org/wiki/Uniform_Code_of_Military_Justi...

rascul 5y ago
> So wait, how is a Florida judge allowed jurisdiction here? It's not a Florida judge, it's a Federal judge in the US District Court.
- jonwachob91 5y ago
  > It's not a Florida judge, it's a Federal judge in the US District Court. And yet, the US District Judge is still not a military judge. This is a military matter and should be left to the military courts and judges that are well versed in military law. Let the federal courts handle federal laws, let local courts handle local laws, and let military courts handle military laws.
  - rascul 5y ago
    From what I gathered, the lawsuit is asserting that the US Navy is not abiding by the Religious Freedom Restoration Act. I understand this to be outside the scope of a court-martial, as this is federal law and not from the Uniform Code of Military Justice.
madrox 5y ago
I'm a little surprised by that myself, but I think what's happening is this actually in a related article: https://www.militarytimes.com/news/pentagon-congress/2022/02/18/could-the-supreme-court-strike-down-the-militarys-vaccination-mandate/ https://www.militarytimes.com/news/pentagon-congress/2022/02... What the government will have to prove, in both cases, is that while it’s granted thousands of medical and administrative exemptions ― though many of those are temporary ― that the high bar for approval of religious exemptions is necessary for keeping the force healthy and deployable. Basically, the military has a mechanism to offer exemption to vaccination for various circumstances. There's an argument being made that their mechanism for exemption on religious grounds is too high. While these arguments are ongoing, the military is being told they cannot discharge the CO, which is where this article comes in. Ultimately, this decision probably doesn't matter since this will quickly escalate to a federal appeal at which point the decision is obvious. Florida can say what it wants in the meantime.

by r00fus 5y ago

rascul 5y ago

> So wait, how is a Florida judge allowed jurisdiction here? It's not a Florida judge, it's a Federal judge in the US District Court.

jonwachob91 5y ago
> It's not a Florida judge, it's a Federal judge in the US District Court. And yet, the US District Judge is still not a military judge. This is a military matter and should be left to the military courts and judges that are well versed in military law. Let the federal courts handle federal laws, let local courts handle local laws, and let military courts handle military laws.
- rascul 5y ago
  From what I gathered, the lawsuit is asserting that the US Navy is not abiding by the Religious Freedom Restoration Act. I understand this to be outside the scope of a court-martial, as this is federal law and not from the Uniform Code of Military Justice.

madrox 5y ago

I'm a little surprised by that myself, but I think what's happening is this actually in a related article: https://www.militarytimes.com/news/pentagon-congress/2022/02/18/could-the-supreme-court-strike-down-the-militarys-vaccination-mandate/ https://www.militarytimes.com/news/pentagon-congress/2022/02... What the government will have to prove, in both cases, is that while it’s granted thousands of medical and administrative exemptions ― though many of those are temporary ― that the high bar for approval of religious exemptions is necessary for keeping the force healthy and deployable. Basically, the military has a mechanism to offer exemption to vaccination for various circumstances. There's an argument being made that their mechanism for exemption on religious grounds is too high. While these arguments are ongoing, the military is being told they cannot discharge the CO, which is where this article comes in. Ultimately, this decision probably doesn't matter since this will quickly escalate to a federal appeal at which point the decision is obvious. Florida can say what it wants in the meantime.