Vaccines and the Armed Forces: There “AIN’T” NO “Anti-vaxxers” in the Military

Abstract As many of you may remember from your first-year Tort and Constitutional Law courses, courts recognize the right of competent adults to refuse medical treatment, even if necessary to save their lives; this generally includes the right to refuse immunizations from diseases, particularly if the vaccine has not yet been approved by the Food & Drug Administration. As you also undoubtedly know, servicemembers are different. To maintain the strength and readiness of the armed forces, military personnel must undergo necessary medical treatment. Otherwise, if they become casualties to disease or other treatable disabilities, servicemembers become burdens on their units, and their jobs must be assumed by others—often leaving their units short-handed. Their illnesses or disabilities thus affect the ability of their units to accomplish their missions and may jeopardize the safety and lives of their fellow servicemembers. Indeed, until World War II, the majority of combat deaths in military units engaged in combat were due to infectious diseases rather than direct combat injuries.