By a margin of only one vote, the United States Navy won an important battle in the Supreme Court.  Environmental groups had successfully blocked submarine sonar training exercises through a lower court decision based on predictions of potential damage to sea mammals.  The Navy noted in testimony that there had not been “a single documented sonar-related injury to any marine mammal” in over 40 years of similar exercises off the California coast.  Nevertheless, environmental groups have successfully used litigation to block sonar exercises around the world, risking instead the safety of our sailors and the security of the nation.

Referring to the claims of the environmental groups, Chief Justice Roberts said on behalf of the majority that “the most serious possible injury would be harm to an unknown number of marine mammals that they study and observe.” By contrast, he continued, “forcing the Navy to deploy an inadequately trained antisubmarine force jeopardizes the safety of the fleet.”

Further noting the national security implications for the Navy, Roberts noted that our enemies operate 300 or more diesel-electric submarines that “can operate almost silently, making them extremely difficult to detect and track.”  The Navy’s sonar systems are effective in finding enemy subs, Roberts found, but only if sonar operators have become proficient in operating the system.

Joining Roberts in the majority were Justices Scalia, Alito, Kennedy, and Thomas.  With the election of Barack Obama, we wish these five a long life in service on the bench. Justices Ginsberg, Souter, Breyer, and Stevens dissented.