Now that the Pentagon has said it will start requiring service members to get the Covid vaccine by mid-September through either a presidential waiver or approval from the FDA, what happens if troops refuse?
A United States Marine prepares to receive the Moderna coronavirus vaccine at Camp Hansen. | Carl Court/Getty ImagesNow that the Pentagon has said it will start requiring service members to get the Covid vaccine by mid-September through either a presidential waiver or approval from the Food and Drug Administration, what happens if troops refuse?
“It's not a lawful order if it doesn't serve a government purpose, if it is unconstitutional — such as an order to incriminate yourself, or if it directs you to commit a crime," said military justice attorney Eugene Fidell, who is counsel at Feldesman Tucker Leifer Fidell and an adjunct professor at the New York University School of Law.
But that doesn't mean military personnel wouldn't try to use a presidential waiver-induced mandate as a defense for refusing vaccination.
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