The Department of Defense may soon consider adding a chaplain for atheist service members. A source told Fox News that the Military Association of Atheists and Free Thinkers planned to make the request today, floating its president Jason Torpy as the proposed chaplain. 

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Rep. John Fleming, R-La., who last year opposed the creation of such a position, also voiced concerns about the planned request. He told he's got to wait and see how the proposal plays out, but threatened to use legislation to block it if necessary. 

"We're only finding out about this now," he said. Fleming said the law is clear that any chaplain needs to have an "endorsing agency" and questioned whether the applicant would have that here. "We just don't see any avenue, but you know we've been surprised before by the military." 

The move would come after lawmakers, including Fleming, battled over the same issue last year. 

Democrats tried, unsuccessfully, to pass legislation creating such a post in 2013. In response, Republicans offered up a measure of their own to prohibit the Pentagon from naming such a chaplain. The House approved the measure in July. 

With Congress at odds, though, the Defense Department could decide on its own. 

A separate organization, The Humanist Society, endorsed Oxford-educated religious scholar Jason Heap last year to be the first-ever humanist chaplain in the U.S. Navy. 

Judge Andrew Napolitano weighed in this morning on Fox and Friends, saying he would be surprised if this is seriously considered by the Pentagon. He pointed out that support services and counselors are already available for those in the military.

"I'm not sure what this chaplain would preach, since atheists don't believe in God," he said, calling the whole thing "political correctness gone crazy."

Napolitano disputed the atheist group's argument that the 14th Amendment applies in this case, saying he does not believe such an addition would be required under current law.

"They have the authority to do it, but it's not required by the statutes. I think in ten years, we'll be laughing at this," he said.

Watch the full discussion above, and check back daily on Fox News Insider for all of Judge Nap's analysis.

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