The Biden administration is reportedly looking into mandating the COVID vaccine for members of the military. House Republicans are pushing back on the potential mandate. Led by Rep. Mark Green (R-TN), a group of House GOP lawmakers wrote a letter to Defense Secretary Lloyd Austin voicing concerns about the impending mandate.
The members argue that a mandate before the vaccination is completely approved by the Food and Drug Administration (FDA) is illegal.
“The law of the United States is clear: Mandatory vaccination is illegal for military personnel prior to complete approval (Doe v. Rumsfeld, 341 F. Supp. 2d 1 (D.D.C. 2004). This has not occurred and could be another several months away. Furthermore, other statutes address this: In the wake of the Tuskegee study scandal, the National Research Act of 1974 (42 U.S.C., Ch. 6A) enacted specific stipulations of consent to conduct research. As long as the vaccine is authorized under an Emergency Use Authorization, the Department of Defense does not have the authority to implement such an order,” the GOP lawmakers wrote to Secretary Austin. “Service members who do not wish to receive the vaccine cannot be required until the approval process is completed. Any action to require it is illegal. The Secretary of Defense is not above the law. The courts concurred.”
The members maintained that the vaccination is “safe and effective” thanks to Operation Warp Speed, but urged the administration to reconsider the “unprecedented violation of federal law.”
“To be clear, we believe COVID-19 vaccines are not only a testament to American ingenuity, but are also safe and effective. We commend the men and women of the Department of Defense for their tireless efforts in spearheading Operation Warp Speed and developing this vaccine in record time and under immense pressure. Despite that, it is clear that the mandate that you are considering is an unprecedented violation of federal law,” the letter continues.
Republicans are overwhelmingly united in opposing vaccination mandates, both in and out of the military.