A New York state military law attorney said he is receiving calls from Airmen serving at Wright-Patterson Air Force Base — and from active-duty service members across the country — asking about options should the Department of Defense mandate that military members take the COVID vaccine.
The calls are coming at a time when Defense Secretary Lloyd Austin is expected to ask President Biden to waive a federal law that allows service members to have the option to refuse in the case of vaccines that have not been fully licensed by the Food and Drug Administration (FDA).
“We have been getting calls from Airmen at Wright-Patterson,” attorney Greg Rinckey, of the New York law firm Tully Rinckey, told a separate newspaper last week.
He said that some military members “are scared and skeptical, basically, to take the vaccine when it’s an experimental vaccine."
"That’s really what we’re seeing," he added, noting that his office has been fielding "multiple calls" from members who are considering class-action lawsuits and other legal pushback since the vaccines are experimental and have an outsized injury record.
“Up until the point the vaccine is … FDA-approved, military members can’t be mandated to take the vaccine, unless the president of the United States would waive that requirement,” Rinckey said. “It’s very similar to what we kind of saw with the anthrax vaccine back in the ‘90s.”
The Pentagon, however, is preparing for the pushback, apparently.
"Military officials have said that once the vaccine is mandated, a refusal could constitute failure to obey an order, and may be punishable under the Uniform Code of Military Justice," the AP reported.
Rinckey appeared to agree that the military would have the authority to order troops to get vaccinated, predicting “an interesting case.”
“I tend to think, if it comes down to a court, I think a court would probably say that it could be mandated by the military, because the military is in close proximity,” he said. “You’re on a ship; you’re in a barracks.”
Get ready to pick up arms, Americans, because we'll be needed to fight Russia and Chinese invaders once our own military has been debilitated.
Sources include:
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