COVID-19 orders

I expect we all are getting questions about refusing the COVID-19 vaccination should the President sign a waiver IAW 10 U.S. Code 1107.

(Ed. update: It seems an order is on its way for September.)

There is discussion in the ether that the COVID vaccines are not "experimental," rather it is the difference between their being authorized and approved. Regardles, while trying to figure out the enforceability of the order to be COVID-19 vaccinated, several items may be of interest or use.

1. Office of Legal Counsel, Whether Section 564 of the Food, Drug, and Cosmetic Act Prohibits Entities from Requiring the Use of a Vaccine Subject to an Emergency Use Authorization. July 6, 2021.
2. Congressional Research Service, Defense Health Primer: Military Vaccinations. August 6, 2021.
3. For those of us being asked frequently about a religious exemption or exception, we think rereading United States v. Sterling might be helpful. While not a vaccination case, Sterling is a Religious Freedom Restoration Act case. A cert petition was denied June 5, 2017 (the petition is here). (Remember, cert. denial is not a decision on the merits.)
4. Also, don't forget United States v. Washington and Ponder v. Stone, and some others for the Anthrax experience.

Cheers, Phil Cave