Dale Strong insists that the fight for Space Command Headquarters is not over
In July, President Joe Biden made the decision to override military planners and the nonpartisan process that decided that national security would be better served by relocating Space Command headquarters (SPACECOM) from Colorado Springs, Colorado, to Red Stone Arsenal in Huntsville, Alabama. On Thursday, Congressman Dale Strong (R-AL05) sent an email to constituents saying that this fight is not over. There will be a hearing before the House Armed Services Committee. Air Force Secretary Frank Kendall, Space Command Commander General James Dickinson, and Chief of Space Operations General Chance Saltzman will have to testify before the Committee on the Space Command basing decision. “I’m excited to tell you that the next steps related to Space Command are starting to materialize,” Rep. Strong said. “I am fighting the Biden Administration’s corruption and reckless spending from all angles, and President Biden’s decision to award Space Command to the blue state of Colorado is no different.” “Following the July announcement from the White House that the President decided to keep Space Command in Colorado, I sent Chairman Mike Rogers (R-AL03) a letter requesting the committee bring Secretary Kendall and General Dickinson to testify “at the earliest opportunity” regarding the basing decision,” Strong continued. “I am writing today to let you know that Chairman Rogers has agreed with my request, and announced a hearing in the House. I wasn’t kidding when I said this is far from over. Our next step is to bring these military leaders before the Committee to answer questions under oath.” “The findings of the Defense Department’s robust basing process, and two separate and independent investigations supporting the Department’s initial selection of Redstone, were completely ignored when the fifth best location in Colorado was chosen to host the Space Command headquarters,” Strong stated. “The way the Biden administration and Department of Defense leadership has handled the Space Command situation is something that should worry every American. Inserting pure politics into the Defense Department’s basing process does untold damage to our national security, threatens the credibility of the DOD, and sets a dangerous precedent for all future military decisions. I’ve certainly got a lot of questions I’m ready to ask, and I hope you will tune in.” “In May, I opened a Congressional investigation into the Biden administration’s shameful delay to finalize the permanent basing decision for U.S. Space Command,” Rep. Rogers said. “When the Secretary of the Air Force finally made a decision, he upheld his predecessors’ decision to base U.S. Space Command in Huntsville, Alabama. President Biden then usurped the Air Force Secretary’s authority and named Colorado Springs the permanent basing site for U.S. Space Command in order to improve his political standing for next year’s re-election.” “I have invited Secretary Kendall, General Dickinson, and General Saltzman to testify to the House Armed Services Committee in a public hearing,” Rogers explained. “We will get answers on President Biden’s political manipulation of the selection process.” Strong is serving in his first term representing Alabama’s Fifth Congressional District. He previously served the people of Madison County as head of the County Commission. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
AG Steve Marshall calls for inspector general investigation of Joe Biden’s SPACECOM headquarters decision
On Tuesday, Alabama Attorney General Steve Marshall submitted a letter to the U.S. Department of Defense’s Inspector General requesting an investigation into the sudden reversal of the decision to locate U.S. Space Command headquarters from Huntsville, Alabama, to Colorado. Marshall made the request for an investigation after news that the head of Space Command, General James Dickinson, a previous advocate for the Redstone Arsenal site in Huntsville, changed his recommendation to President Joe Biden for headquarters to be located in Colorado. Marshall said that the decision to make a change of preference occurred just as General Dickinson, in April 2023, purchased a $1.5 million, 20-acre ranch near the Colorado location. This purchase was never disclosed to members of the Alabama congressional delegation. “Since taking office, this president has targeted red states for daring to resist his radical progressive agenda. But when it comes to national security, politics must take a backseat,” said AG Marshall. “I implore the Inspector General to investigate the oddly timed investment by General Dickinson which coincided with his recommendation against the Air Force’s preferred site in Huntsville. And I will continue to use the unique power of my office to hold President Biden accountable and demand transparency into this politically motivated charade.” In January 2021, after a thorough vetting process, the Secretary of the Air Force identified the Redstone Arsenal site in Huntsville for the U.S. Space Command headquarters. The recommendation for the site was then affirmed by the U.S. Department of Defense’s Inspector General’s Office and the Government Accountability Office, finding that the Air Force had conducted an accurate analysis and Huntsville was the superior location. The Colorado congressional delegation staunchly opposed the planned move of Space Command to Alabama. On July 31, 2023, government officials reported that President Biden reversed the decision to locate Space Command’s headquarters in Huntsville and instead selected a location in Colorado. News reports credited General James Dickinson with convincing Biden to choose Colorado, stating, “General James Dickinson, who argued that moving his headquarters now would jeopardize military readiness. Dickinson’s view, however, was in contrast to Air Force leadership.” Gen. Dickinson had spoken to Alabama officials as recently as June 2023, where he confirmed with Alabama’s congressional delegation that Redstone Arsenal would be the headquarters for U.S. Space Command. “I have invited Secretary [Frank] Kendall, General Dickinson, and General [Chance] Saltzman to testify to the House Armed Services Committee in a public hearing.” Congressman Mike Rogers (R-AL03) said on Twitter. Rogers chairs the House Armed Services Committee. “Biden Administration officials have consistently evaded Congressional Oversight on the Space Command basing decision,” Rogers added. “It’s past time for them to answer the questions my colleagues and I on @HASCRepublicans have related to the matter.” The General did not disclose that in April 2023, he had registered a deed to a $1.5 million, 20-acre ranch near the Colorado headquarters location. It is still unknown whether or not he disclosed his personal interest in Colorado to President Biden or other superiors. Colorado voted largely for Biden in 2020. To win in 2024, he will need to keep Colorado in the Democratic fold. Alabama is a solid red state. Biden has no chance of carrying Alabama, even if the state were awarded Space Command. The decision to keep Space Command in Colorado is widely regarded as political. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Joe Biden decides to keep Space Command in Colorado, rejecting move to Alabama
President Joe Biden has decided to keep U.S. Space Command headquarters in Colorado, overturning a last-ditch decision by the Trump administration to move it to Alabama. The choice ended months of thorny deliberations, but an Alabama lawmaker vowed to fight on. U.S. officials told The Associated Press on Monday that Biden was convinced by the head of Space Command, Gen. James Dickinson, who argued that moving his headquarters now would jeopardize military readiness. Dickinson’s view, however, was in contrast to Air Force leadership, who studied the issue at length and determined that relocating to Huntsville, Alabama, was the right move. The officials spoke on condition of anonymity to provide details of Biden’s rationale for the decision. In announcing the plans, Brig. Gen. Pat Ryder, Pentagon press secretary, said the decision was based on an “objective and deliberate process informed by data and analysis.” He said Defense Secretary Lloyd Austin supported the president’s decision. Reaction to the decision came fast and was sharply divided, as Colorado lawmakers praised it and Alabama officials slammed it as a political maneuver. “This fight is far from over,” warned Rep. Mike Rogers, R-Ala., chairman of the House Armed Services Committee. Biden, said the U.S. officials, believes that keeping the command in Colorado Springs would avoid a disruption in readiness that the move would cause, particularly as the U.S. races to compete with China in space. And they said Biden firmly believes that maintaining stability will help the military be better able to respond in space over the next decade. Those factors, they said, outweighed what the president believed would be any minor benefits of moving to Alabama. Biden’s decision enraged Alabama lawmakers and is sure to fuel accusations that abortion politics played a role in the choice. The location debate has become entangled in the ongoing battle between Alabama Republican Sen. Tommy Tuberville and the Defense Department over the move to provide travel for troops seeking reproductive health care. Tuberville opposed the policy is blocking hundreds of military promotions in protest. The U.S. officials said the abortion issue had no effect at all on Biden’s decision. And they said the president fully expected there would be different views on the matter within the Defense Department. Tuberville, in a statement, said the top three choices for Space Command headquarters were all in Republican-leaning states — Alabama, Nebraska, and Texas — and bypassing them “looks like blatant patronage politics.” Formally created in August 2019, the command was temporarily based in Colorado, and Air Force and Space Force leaders initially recommended it stay there. In the final days of his presidency, Donald Trump decided it should be based in Huntsville. The change triggered a number of reviews. Proponents of keeping the command in Colorado have argued that moving it to Huntsville and creating a new headquarters would set back its progress at a time it needs to move quickly to be positioned to match China’s military space rise. And Colorado Springs is also home to the Air Force Academy, which now graduates Space Force guardians, and more than 24 military space missions, including three Space Force bases. Officials also argued that any new headquarters in Alabama would not be completed until sometime after 2030, forcing a lengthy transition. Huntsville, however, scored higher than Colorado Springs in a Government Accountability Office assessment of potential locations and has long been a home to some of the earliest missiles used in the nation’s space programs, including the Saturn V rocket. It is home to the Army’s Space and Missile Defense Command. According to officials, Air Force Secretary Frank Kendall, who ordered his own review of the matter, leaned toward Huntsville, while Dickinson was staunchly in favor of staying put. The officials said Austin presented both options to Biden. In a statement Monday, Kendall said the service will work to quickly implement Biden’s decision, adding that keeping the command in Colorado will “avoid any disruption to its operational capability.” The decision was hailed as a victory in Colorado lawmakers and condemned in Alabama. “For two and a half years, we’ve known any objective analysis of this basing decision would reach the same conclusion we did, that Peterson Space Force Base is the best home for Space Command,” Sen. John Hickenlooper, D-Colo., said in a statement. “Most importantly, this decision firmly rejects the idea that politics — instead of national security — should determine basing decisions central to our national security.” Sen. Michael Bennet, D-Colo., said the decision “restores integrity to the Pentagon’s basing process and sends a strong message that national security and the readiness of our Armed Forces drive our military decisions.” Rogers, meanwhile, vowed that his committee will continue an investigation into the matter, calling it a “deliberate taxpayer-funded manipulation of the selection process.” He added, “It’s clear that far-left politics, not national security, was the driving force behind this decision.” Republican Alabama Sen. Katie Britt echoed his sentiment, saying it was irresponsible for Biden to “yank a military decision out of the Air Force’s hands in the name of partisan politics.” She said an Air Force evaluation of the potential locations ranked Huntsville first, adding that the decision ”should have remained in the Air Force’s purview.” Republished with the permission of The Associated Press.
Air Force embraces DEI as recruitment falters
The U.S. Air Force has become increasingly focused on Diversity, Equity, and Inclusion efforts, and critics say it is hurting recruitment. Chief of Staff of the Air Force Charles Q. Brown has been a major backer of the DEI efforts. Brown said in the fall of 2020 that DEI was a key focal point of recruiting and a factor in promotions. The Air Force launched a Diversity and Inclusion Task Force in September 2020. The Air Force is not alone in that transition, though, as the Pentagon and other branches take similar steps to varying degrees. “Shortly after assuming office, President Joe Biden signed three separate executive orders directing all federal agencies to commit extensive time and resources towards Diversity, Equity and Inclusion efforts,” Thomas Spoehr, a Heritage expert and retired lieutenant general who served more than 36 years in the U.S. Army, told The Center Square. Brown helped open the Air Force’s DEI office. Now, the Air Force website includes a litany of materials on the issue cautioning against racism and “unconscious bias.” An Independent Racial Disparity Review published in December 2020 on the same site includes a “Magnitude of the Problem” section in which the taxpayer-funded office reported that “black Airmen are more likely to face formal disciplinary action than their white peers.” “Specifically, black service members were 74% more likely to receive Article 15s and 60% more likely to face courts-martial than white service members,” the report said. “The primary offenses where the difference could be seen were: willful dereliction, failure to go to/leaving from appointed place of duty, making a false official statement, and drug-related offenses. Data alone cannot provide insight on the cause of the racial disparity in Air Force discipline, and further analysis is required.” The site also includes guidance on “Promoting and protecting the human rights of LGBTQI+ persons around the world” and an “In-Service Transition Guide for Transgender Service Members.” Those materials include guidance on pronouns, gender identity and the Department of Defense’s new focus on ending “homophobia” and “transphobia” around the world. The Air Force has implemented racial quota goals for officers that roughly line up with the representation those groups have in the general U.S. population. “It is imperative that the composition of our military services better reflect our nation’s highly talented, diverse, and eligible population,” Air Force Secretary Frank Kendall said in a memo with other top officials last year. “This goal continues our progress toward achieving a force more representative of our nation, while leveraging that diversity to enhance the Air and Space Force’s ability to deter, and if necessary, deny our nation’s competitors.” Meanwhile, the Air Force faces major recruiting issues. Kendall said in a speech in March of this year that Active-duty Air Force is expected to fall short of its 2023 recruiting goal by 10%. “We are swimming upstream against a reduced propensity to serve nationally across the board and a limited percentage of qualified candidates,” he said. Spoehr argues that this shift in emphasis to DEI is hurting recruitment. “Now in 2023 we are seeing some of the results of that push with American citizens and veterans reacting negatively to these political efforts,” Spoehr said. “Military recruitment is having its worst year ever and national polls reflect a loss of confidence by Americans in the military.” As The Center Square previously reported, these instances are just a few of many across the U.S. military. A recent DOD Comptroller report includes $86.5 million for “dedicated diversity and inclusion activities.” “The Department will lead with our values – building diversity, equity, and inclusion into everything we do,” the report said. Congressional Republicans released a report last year detailing many of these examples, including one case where a slide show presentation for the Air Force Academy called “Diversity & Inclusion: What it is, why we care, & what we can do.” That training cautions cadets against using gendered language, such as words like “mom” and “dad.” “These efforts have had a particularly deleterious impact on the Department of Defense which for decades has prided itself on its tradition of meritocracy where individuals can achieve their highest potential based on their aptitude and hard work, versus their race, sex, and ethnicity,” Spoehr said. Republished with the permission of The Center Square.
Alabama legislators urge Air Force Secretary Frank Kendall to support congressional investigation into Space Command decision
On Tuesday, a bipartisan group of legislators in the Alabama House of Representatives sent a letter to U.S. Airforce Secretary Frank Kendall supporting the congressional investigation led by U.S. House Armed Services Committee Chairman Mike Rogers and Congressman Dale Strong. The letter was signed by Speaker of the House Nathaniel Ledbetter, House Minority Leader Anthony Daniels, House Majority Leader Scott Stadthagan, and Speaker Pro Tem. Chris Pringle, as well as Reps. Joe Lovvorn, Danny Garrett, Wes Kitchens, Laura Hall, Parker Moore, David Cole, Rex Reynolds, Andy Whitt, James Lomax, Ritchie Whorton, and Phillip Rigsby. An NBC news report released on May 15 claimed that President Joe Biden will intervene to keep the Pentagon from moving Space Command from Colorado to Huntsville. The President’s objections to the state of Alabama are reportedly due to the state’s ban on abortion. Many speculate that the real reason could be political in that Colorado voted for Biden in 2020, while Alabama did not. Below is the text included in the attached letter: “Dear Secretary Kendall, “As members of the Huntsville and Madison delegations of the Alabama House of Representatives, and as House leadership, we are writing to you in support of the House Committee on Armed Services’ investigation into the delay in implementing the recommendation to place U.S. Space Command (SPACECOM) Headquarters at Redstone Arsenal, which is being led by U.S. House Armed Services Committee Chairman Mike Rogers and Congressman Dale Strong.” “As you are aware, it has been made clear through multiple U.S. Air Force recommendations that the most strategic location for the U.S. Space Command headquarters is Redstone Arsenal in Huntsville, Alabama. The Government Accountability Office and Department of Defense Inspector General have both confirmed this recommendation was made through a sound process. Huntsville has the infrastructure, the workforce, the education system, engineering base, existing military and defense apparatus, and quality of life to be the ideal location for U.S. Space Command. This is why this site has received the unanimous number one recommendation from the U.S. Air Force.” “As representatives of the communities surrounding Redstone Arsenal in the Alabama House of Representatives, we felt the need to respectfully encourage you to support and comply with the congressional investigation into the delay of this critical national security decision. We are also concerned to learn the U.S. Department of Defense was not aware, and not involved, in this change. The people of Alabama and the United States of America need and deserve transparency on the apparently revised mission requirements of SPACECOM as it relates to its decision to locate its headquarters.” “A lengthy delay in making a decision this important to national security deserves Congressional oversight, and we are thankful that Congressmen Rogers and Strong recognized this need and are taking action by launching this investigation. We greatly appreciate your service to our nation and the role that the U.S. Air Force has in keeping our country, and the world, safe from threats, and we believe that you also appreciate the need for transparency and Congressional oversight.” On Friday, Fox News published a story detailing an announcement from Rogers that he is opening an investigation into the continued delays in the selection of a permanent base for the U.S. Space Command (SPACECOM) Headquarters. “Today, I launched an investigation into the continued delays in the SPACECOM Headquarters basing decision,” said Chairman Rogers. “The fact is, the Air Force already made the correct decision well over two years ago. That decision was affirmed by the GAO and the DoD Inspector General over a year ago. This decision was based on multiple factors, and Redstone Arsenal in Huntsville, Alabama, was the clear winner in the Evaluation and Selection phase. I am deeply concerned that the continued delays in making this move final are politically motivated and damaging to our national security.” “I have requested that House Armed Services Committee Chairman, Mike Rogers, open a formal investigation into the Biden Administration’s failure to announce a permanent location for U.S. Space Command (SPACECOM) Headquarters,” said Rep. Strong.“The Administration’s delay risks politicizing a process which must remain fact-based. Injecting politics into America’s basing decisions serves to do unprecedented harm to our national security. American men and women in uniform must be given the very best, not the third or fourth choice. Redstone Arsenal was chosen as the preferred location after a years-long process. The decision was later confirmed not just once, but twice with the results of the Government Accountability Office and Department of Defense Inspector General investigations. It is plain and simple: Redstone Arsenal is the best possible location to host U.S. Space Command headquarters. The Air Force’s basing process established this, and it was confirmed. I thank Chairman Rogers for agreeing to this investigation. The members of the House Armed Services Committee, and our service members awaiting a final basing decision, deserve answers and swift action from the Air Force.” The letter by the State Representatives followed the announcement of the investigation by Rogers. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Gov. Kay Ivey says Huntsville is only rightful place for Space Command
On Tuesday, Governor Kay Ivey commended the House Armed Services Committee’s investigation into why President Joe Biden may overrule the Air Force decision to move Space Command to Red Stone Arsenal in Huntsville. Ivey reiterated her claim that it is a blatant fact that Huntsville is the rightful home for the Space Command Headquarters. “Alabama is eager for our country to win the space race, not slow walk our way there,” said Ivey. “Let me repeat what everyone already knows: Alabama is the only rightful home for Space Command Headquarters, and supporting this mission is critical to the advancement of our national security.” “Last week, our bipartisan Alabama delegation brought to light concerning details regarding the permanency of Space Command Headquarters,” Ivey continued. “On what dimension would we not have a permanent headquarters for a major arm of our national security? There are many questions that must be answered, and I commend Chairman Rogers, Representatives Strong and Sewell, as well as the entire U.S. House Armed Services Committee for launching this investigation.” U.S. Representative Mike Rogers (R-AL03) is the Chairman of the House Armed Services Committee. Rogers sent a letter to Lloyd Austin, Secretary of the Department of Defense, and Frank Kendall, Secretary of the Department of the Air Force, requesting the department to preserve all documentation concerning the selection of a location for the U.S. Space Command (SPACECOM) Headquarters. In the letter, Chairman Rogers expressed concern regarding continued delays due to possible interference from the Biden Administration. “The Air Force’s deleterious actions concerning the selection of a location for SPACECOM Headquarters require the Committee to now seek document preservation in this matter,” Rogers said. “Air Force officials have continued to delay finalizing the move of SPACECOM Headquarters to Redstone Arsenal in Huntsville, Alabama, in response to apparent politically motivated interference by political appointees in the Biden Administration.” Chairman Rogers continued, “The U.S. Space Force’s overall mission and success requires a swift decision on finalizing the move. The move is severely delayed at this point, over two years beyond the point when Air Force made the right decision after scrutinizing multiple locations and considering multiple factors to locate SPACECOM Headquarters in Huntsville, and over a year since the GAO and the DOD Inspector General affirmed Air Force’s decision. Moving expeditiously to locate SPACECOM Headquarters at Redstone Arsenal is in our country’s best national security interests.” “Alabama – in every way – is staunchly committed to seeing this mission through,” said Gov. Kay Ivey. “And everyone agrees because the facts are undeniable that Redstone should, can, and will be home to Space Command Headquarters. Secretary Kendall and General Dickinson, I am ready to join you at Redstone Arsenal very soon to officially welcome the HQ to Alabama.” “The Air Force closely scrutinized multiple locations based on multiple factors to decide where Space Command Headquarters should be, and Huntsville was the indisputable winner in both the Evaluation and Selection phases,” said Congressman Dale Strong (R-AL05). “The fact is that Redstone Arsenal offers the best possible location for Space Command Headquarters, and it is in our country’s best national security interest to make this move immediately.” There is a report by NBC News that President Biden will overrule the Air Force decision and instead order Space Command headquarters to remain in Colorado. This is widely viewed as a political calculation as the President faces re-election next year, and Colorado voted for him. In contrast, Alabama has not backed a Democratic presidential candidate since 1976. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Mike Rogers and James Comer say DOD failed to protect servicemembers private information
On Friday, Chairman of the House Armed Services Committee Mike Rogers and Chairman of the House Committee on Oversight and Reform James Comer released a statement saying that they are “disappointed’ with the Department of Defense for failing to protect servicemember records after receiving a response from the DoD on the matter. “The Department of Defense failed to protect the private information of our servicemembers,” Rogers and Comer wrote. “To publicly rectify this unacceptable mistake, we hoped DoD would provide full transparency in their response – unfortunately, full transparency is not what we received.” “We are extremely disappointed in DoD’s inadequate response to our questions,” Rogers and Comer wrote. “We asked Secretary (Lloyd) Austin for information on all servicemembers who had their records improperly released to the Democrat-aligned research firm Due Diligence Group. However, DoD only provided our committees with answers from the Department of the Air Force, despite public reporting that DDG attempted to gather information from other services.” “DoD’s response did not give us confidence that all services have put safeguards in place to ensure that servicemembers’ private information is not mishandled,” Rogers and Comer stated. “DoD also failed to provide our committees with information on what actions were taken with the individuals involved in the mishandling of servicemember records and if criminal referrals have been made. We will be demanding the Secretary provide full transparency and accountability on this matter. It is imperative the Secretary take every action possible to ensure this egregious incident will never happen again. We will continue to fight on behalf of our servicemembers and their privacy.” This follows recent public reports that the Office of the Secretary of the Air Force (OSAF) improperly released information from several servicemembers’ personnel files to political operatives. The released information includes at least two Members of Congress, reportedly released to an opposition research firm Due Diligence Group that received money from the Democratic Congressional Campaign Committee (DCCC). Congressman Chris Stewart and House Judiciary Committee Chairman Jim Jordan last week sent a letter to U.S. Air Force Secretary Frank Kendall demanding information on the breach of servicemembers’ personal information without their knowledge or consent. “The Committee on the Judiciary and the Select Subcommittee on the Weaponization of the Federal Government are investigating the mass collection and dissemination of information about American citizens by federal agencies,” Stewart and Kendall wrote. “Following reports last fall, Members of Congress, including Congressman Stewart, corresponded with Air Force Inspector General Lieutenant General Stephen Davis regarding the steps his office is taking to investigate the circumstances of this improper release of personnel materials. Recent public reports have disclosed that the Office of the Secretary of the Air Force (OSAF) improperly released information from several additional servicemembers’ personnel files to political operatives. As alleged in the reporting, this is a serious breach of law and servicemember privacy. To advance our oversight and to inform potential legislative reforms, we write to request information about this serious breach of our servicemembers’ personal information.” Mike Rogers is in his eleventh term representing Alabama’s Third Congressional District. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Foundation for Moral Law cheers Air Force vaccine victory
The Foundation for Moral Law, an Alabama nonprofit dedicated to the defense of religious liberty, applauded the November 29 Doster v. Kendall decision of the Sixth Circuit U.S. Court of Appeals affirming a lower court class-wide injunction prohibiting the Air Force from requiring personnel with religious objections to undergo COVID vaccinations. Eighteen plaintiffs sued Air Force Secretary Frank Kendall and others in February 2022. Prior to the lawsuit, the Air Force had required all personnel to get the Covid-19 vaccine. The plaintiffs in the case argued the mandate violated their religious freedom under the First Amendment and the Religious Freedom Restoration Act of 1993. The District Court agreed. The District Court later expanded the order into a class injunction protecting all USAF personnel with religious objections. The Air Force appealed to the Sixth Circuit, and the Foundation filed an amicus brief supporting those who had religious objections. The Sixth Circuit unanimously affirmed the lower court’s order. The Foundation argued that, although the Air Force had established a policy for considering religious exemptions, the Air Force, in fact, did nothing but rubberstamp denials. The plaintiffs argued that the Air Force granted about 135 of 10,000 requests for vaccine exemptions for religious reasons — and then only to those planning to leave the service. The Liberty Counsel, a non-profit organization that litigates in cases the organization believes involve religious freedom, stated, “The Air Force even agreed that it has not granted any religious exemptions to anyone who does not plan to leave the service within a year. On the other hand, in December 2021, there were a total of 2,047 service members currently with medical exemptions and 2,247 service members currently with administrative exemptions.” The Court agreed and further reasoned that because the Air Force granted thousands of medical and administrative exemptions, their argument that military necessity prevents religious objections was unpersuasive. The Court concluded that First Amendment and the Religious Freedom Restoration Act both protect military personnel. Judge Roy Moore, Founder and President Emeritus of the Foundation and a West Point graduate, hailed the decision as “a long-overdue victory for military personnel over a flawed and useless policy that has ruined the careers of many soldiers and the health of many others.” Foundation Senior Counsel John Eidsmoe, primary author of the amicus brief and a retired Air Force Judge Advocate, noted, “The Sixth Circuit accepted our argument that the USAF failed to give its personnel the individualized determinations that the Constitution requires in Stanley v. Illinois.” Colonel Eidsmoe added, “I love the Air Force, but I also love the men and women who wear Air Force blue, and I believe they are entitled to the protection of the Constitution they have sworn to defend.”
