"Given reports that DoD is making COVID vaccinations voluntary for active duty personnel, I'd be interested in a discussion by CAAFlog experts about the state of the law re: mandating vaccinations.
In my view they can be mandated based on Washington (https://www.armfor.uscourts.gov/newcaaf/opinions/2002Term/01-0658.pdf) and - really probably more important - the Supreme Court's opinion in Jacobson (https://supreme.justia.com/cases/federal/us/197/11/).
However, I'd be grateful to know what CAAFloggers think!
Editor's note: I agree with Prof. Dunlap that Jacobson controls. If vaccines can be mandatory for civilians, they can certainly be mandatory for military personnel! The *only* possible way around, I think, would be an invocation of RFRA--somehow tying in your refusal to take a vaccine with a religious belief. Here is a nice student note on RFRA's application to vaccines.
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law