Kavanaugh, Barrett reject appeal of Airman who refuses COVID shot

Two F-16 Fighting Falcons participate in exercise aerial combat operations during Red Flag-Nellis 22-2 at Nellis Air Force Base, Nev., March 9, 2022. The exercise demonstrates tactical integration of airpower from the U.S. and key allies. (U.S. Air Force photo by Tech. Sgt. Alexandre Montes)
Two F-16 Fighting Falcons participate in exercise aerial combat operations during Red Flag-Nellis 22-2 at Nellis Air Force Base, Nev., March 9, 2022. The exercise demonstrates tactical integration of airpower from the U.S. and key allies. (U.S. Air Force photo by Tech. Sgt. Alexandre Montes)

President Trump appointees Brett Kavanaugh and Amy Coney Barrett joined the Supreme Court’s left flank in rejecting an emergency appeal from an Air Force Reserve officer who was punished for his refusal to take the COVID-19 vaccine.

Lt. Col. Jonathan Dunn was appealing to the high court after the Air Force rejected his request for a religious exemption and removed him from command.

Dunn argues in his April 9 emergency appeal that he “acquired natural immunity to the disease” after contracting COVID-19 last summer. Further, he “has sincere religious objections to the COVID-19 vaccine.”

The officer’s immunity argument is backed by more than 150 scientific studies showing naturally acquired immunity from contracting COVID-19 is equal to or superior to existing vaccines.

President Trump introduces his Supreme Court nominee, Brett Kavanaugh, and the judge's family at the White House Kavanaugh and his family July 9, 2018. (Official White House photo)
President Trump introduces his Supreme Court nominee, Brett Kavanaugh, and the judge’s family at the White House Kavanaugh and his family July 9, 2018. (Official White House photo)

Justices Clarence Thomas, Samuel Alito and Trump appointee Neil Gorsuch said they would have granted the request to temporarily halt Dunn’s punishment while the case continued.

The Pentagon began implementing its vaccine mandate for all service members last August.

Last month, the Supreme Court ruled against 35 Navy SEALs who challenged the vaccine mandate. In that case, Justices Thomas, Alito and Gorsuch sided with the SEALs.

Alito wrote that the officers “appear to have been treated shabbily by the Navy, and the Court brushes all that aside.”

Kavanaugh said he had a “simple overarching reason” for siding with the majority.

“Under Article II of the Constitution, the President of the United States, not any federal judge, is the Commander in Chief of the Armed Forces,” he wrote.

Judicial Watch President Tom Fitton reacted on Twitter to the rejection of Dunn’s appeal.

“Justices Kavanaugh and Barrett have too often refused to step up to defend the civil rights of citizens being abused by vindictive and abusive vaccine mandates,” he wrote.

Last August, Barrett rejected a request for emergency relief from students to block a COVID-19 vaccine mandate at Indiana University.

Two months later, Justice Sonia Sotomayor rejected an emergency request from a group of teachers in New York City seeking to block the city’s requirement that they receive a COVID-19 shot or be fired.

EDITOR’S NOTE: Last year, America’s doctors, nurses and paramedics were celebrated as frontline heroes battling a fearsome new pandemic. Today, under Joe Biden, tens of thousands of these same heroes are denounced as rebels, conspiracy theorists, extremists and potential terrorists. Along with massive numbers of police, firemen, Border Patrol agents, Navy SEALs, pilots, air-traffic controllers, and countless other truly essential Americans, they’re all considered so dangerous as to merit termination, their professional and personal lives turned upside down due to their decision not to be injected with the experimental COVID vaccines. Biden’s tyrannical mandate threatens to cripple American society – from law enforcement to airlines to commercial supply chains to hospitals. It’s already happening. But the good news is that huge numbers of “yesterday’s heroes” are now fighting back – bravely and boldly. The whole epic showdown is laid out as never before in the sensational October issue of WND’s monthly Whistleblower magazine, titled “THE GREAT AMERICAN REBELLION: ‘We will not comply!’ COVID-19 power grab ignites bold new era of national defiance.”

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This article was originally published by the WND News Center.

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